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COMMITTEE ON REVISION OF THE LAWS 

HOUSE OF REPRESENTATIVES 


Code of Laws Governing Common Carriers 
of Interstate and Foreign Commerce 
and Within the District of Columbia 

REPORT OF COMMISSION AND 
EXISTING LAW 


Committee Print 

Existing law is printed in roman. Amendments and 
changes in words are printed in italics. Existing law is 
printed opposite the proposed sections. Reference 
numbers appearing in sections of Report of Commis¬ 
sion are for the purpose of correct revision 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 














COMMITTEE ON REVISION OF THE LAWS 

HOUSE OF REPRESENTATIVES 


Code of Laws Governing Common Carriers 
of Interstate and Foreign Commerce 
and Within the District of Columbia 

REPORT OF COMMISSION AND 
EXISTING LAW 


Committee Print 

Existing law is printed in roman. Amendments and 
changes in words are printed in italics. Existing law is 
printed opposite the proposed sections. Reference 
numbers appearing in sections of Report of Commis¬ 
sion are for the purpose of correct revision 
U.%, 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1914 









































w 


z ^ 1 




4-G-' 


t^n 






a of 0, 

DEC « »14 


- «< 

» * 
r 4 .1 











Chapter One. 


-3 


o 




REGULATIONS OF TRANSPORTATION. 


Sec. 

1. Interstate commerce, to what carriers ap¬ 

plicable. 

2. Common carrier, railroad, and transporta¬ 

tion defined. 

3. Charges to be reasonable and just. 

4. Classification of property for transporta¬ 

tion; classification to be reasonable; 
baggage facilities, etc. 

5. Free transportation forbidden; excep¬ 

tions; penalty. 

6. Railroads not to carry products in which 

interested, etc. 

7. Railroads to construct switches; to fur¬ 

nish cars to shippers, etc. 

8. Common carrier to issue receipt or bill of 

lading; liable for loss or damage to 
property carried. 

9. Special rates, rebates, etc., prohibited. 

10. Undue preferences prohibited; exception 

in case of war. 

11. Charge for short haul not more than for ' 

long haul. 

12. Competition with water routes; increase 

of reduced rates restricted. 

13. Pooling of freights or earnings with others 

prohibited. 

14. Unlawful for railroad to own, etc., com¬ 

peting water earner operating through 
Panama Canal or elsewhere. 

15. Interstate Commerce Commission to de¬ 

termine fact of competition; hearings. 

16. Continuation of water service if competi¬ 

tion not excluded; rates, schedules, 
etc., required, if sendee extended; ap¬ 
plication for extension of service. 

17. Use of canal forbidden to ships owned, 

etc., in violation of antitrust laws; de¬ 
termination of fact. 

18. Free carriage not prevented, when; may 

issue interchangeable mileage tickets. 

19. No greater or less compensation to be de¬ 

manded for interchangeable mileage 
than joint rate. 

20. Carrier to print and keep posted in depots 

schedules of rates and fares. 

21. Carrier carrying freight through foreign 

country to print and keep posted sched¬ 
ule of rates. 

22. No change to be made in rates and fares 

except after thirty days’ notice. 


Sec. 

23. Willful failure to file and publish sched¬ 

ules of rates and fares; penalty. 

24. Name of resident agent to be posted in 

every freight station. 

25. Failure to give, or misstating rates for 

shipment. 

26. Carrier not to engage in interstate com¬ 

merce unless schedules of rates have 
been filed and published. 

27. Noncompliance with orders and regula¬ 

tions of Commission; penalty. 

28. Transportation by rail and water through 

Panama Canal; additional jurisdiction 
of Interstate Commerce Commission. 

29. Institution of proceedings; enforcement 

of orders, etc. 

30. Copies of schedules filed to be preserved 

by Commission; to be prima facie evi¬ 
dence in judicial proceedings. 

31. Combinations to prevent continuous car- 
V* ? / ri a o e freight to destination prohib¬ 
it. t ited. 

'32. Liability to persons injured by violation 
of provisions of this Chapter. 

33. Persons damaged may complain to Com¬ 

mission or sue personally. 

34. Punishment for willful violation of this 

Chapter. 

35. False billing, false classification, false 

weighing, etc., by carrier; penalty. 

36. Shipper attempting to secure lower rates 

by means of false billing, false classifi¬ 
cation, false weighing, etc.; penalty. 

37. Shipper attempting to secure unjust dis¬ 

crimination from carrier by bribery, 
etc.; penalty. 

38. Unlawful to offer or give, or to solicit or 

accept rebate, etc.; penalty. 

39. Carrier not to accept valuable considera¬ 

tion as rebate; penalty; act of agent to 
be deemed act of carrier. 

40. Rate filed with Commission to be deemed 

legal rate. 

41. Act of officer or agent to be also deemed 

act of corporation. 

42. Common carrier to designate agent in 

Washington upon whom process can be 
served; service of, in case of failure to 
designate. 


3 





Chapter Two. 


INTERSTATE COMMERCE COMMISSION. 


Sec. 

43. Interstate Commerce Commission created; 

appointment; term of service, etc. 

44. Salary of Commissioners, secretary, and 

employees. 

45. Principal office of Commission at Wash¬ 

ington. 

46. Physical valuation of property; inves¬ 

tigation by Commission. 

47. Cost of property used for common carrier 

purposes; other property. 

48. Value of real property. 

49. Property held for other than common 

carrier purposes. 

50. Corporation organization, history of in 

ascertaining original cost of property, 
etc. 

51. Grants, etc.; from United States, States, 

etc., value of; concessions, etc., made 
by carrier. 

52. Method of procedure. 

53. Prosecution and report of investigation. 

54. Documents, etc., to aid investigation; 

access of agents to property; public in¬ 
spection of records, etc. 

55. Valuation of extensions and improve¬ 

ments; reports to Congress. 

56. Information required of carriers. 

57. Notice of completion of tentative valua¬ 

tion to be given carrier; finality if no 
protest filed. 

58. Hearings of protests; changes; effect of 

final valuation and classification. 

59. Effect of evidence offered in court as to 

different values; court before render¬ 
ing judgment to furnish copy of evi¬ 
dence to Commission; judgment on 
original order if not changed. 

60. Applicable to receivers, etc.; penalty 

for noncompliance. 

61. Jurisdiction of district courts to compel 

compliance. 

62. Proceedings of Commission, rules, quo¬ 

rum, appearances, etc. 

63. Reports and decisions may be published 

by Commission. 

64. Annual report of Commission to Congress. 

65. Commission to inquire into business of 

common carrier. 

66. District attorney to institute suit on ap¬ 

plication of Commission. 

67. Parties to proceedings. 

68. Proceedings in equity; duties of district 

attorneys. 

69. Commission may require attendance and 

testimony of witnesses. 


Sec. 

70. No person excused from testifying on 

ground that testimony would incrimi¬ 
nate him. 

71. Punishment for refusal to testify. 

72. Testimony by deposition may be taken. 

73. Witness compelled to testify; manner of 

taking depositions, etc. 

74. Petition to Commission as to violation of 

law. 

75. Commission to investigate complaints of 

State commissions. 

76. Commission to hear complaints; may de¬ 

termine reasonable rates; when order 
to take effect. 

77. Commission to determine propriety of 

new rates, classifications, etc.; suspen¬ 
sion of until decision; upon whom bur¬ 
den of proof. 

78. Commission may establish through 

routes, joint rates, etc.; what routes to 
embrace; water connection included, 
etc. 

79. Shipper may designate route of ship¬ 

ment; through bill of lading to be 
issued, etc. 

80. Shipping facilities furnished by shipper; 

allowance for, etc.; powers conferred 
upon Commission not to exclude other 
powers. 

81. Unlawful for carrier to disclose informa¬ 

tion respecting shipments, etc.; pen¬ 
alty. 

82. Proceedings in district courts for viola¬ 

tions, and for refusal to obey order of 
Commission. 

83. Commission may grant rehearing; rehear¬ 

ing not to suspend operation of order. 

84. Written reports of investigation to be 

made by Commission. 

85. Order of Commission to be enforced by 

proceedings in district court. 

86. Appeal allowed to Supreme Court. 

87. Commission may require carriers to file 

annual and monthly reports; may re¬ 
quire uniform system of accounts. 

88. Commission to have access to accounts, 

etc., of carriers; may prescribe forms of 
accounts which shall be kept; penalty 
for refusing to keep; agent not to di¬ 
vulge information; penalty. 

89. District courts may issue writ of manda¬ 

mus to compel compliance with this 
Act. 

90. District court may issue mandamus to 

compel equal facilities. 


4 










Sec. 

91. Compulsory attendance of witnesses; to 

whom immunity from prosecution 
shall extend. 

92. Willfully making false entries in accounts 

or keeping unauthorized accounts, etc.; 
penalty. 

93. Forfeitures to be recovered in civil suit; 

district attorney to prosecute, etc. 


Sec. 

94. Assistant to Attorney General, etc. 

95. Existing remedies not affected. 

93. Causes pending on June 29, 1908; how 
prosecuted. 

97. Prior acts and proceedings of Commission 
not impaired. 


Chatter Three. 


SAFETY APPLIANCES ON RAILROAD CARS. 


Sec. 

98. Driving-wheel brake required on loco¬ 

motive in interstate commerce. 

99. Automatic couplers required on all cars. 

100. Companies complying, etc., may refuse 

insufficiently equipped cars from con¬ 
necting lines. 

101. Cars used in interstate commerce to have 

grab irons, sill steps, hand brakes, elc.; 
exception in case of cars hauling long 
commodities. 

102. Standards of equipment to be fixed by 

Interstate Commerce Commission; ex¬ 
tension of period of compliance; may 
modify standards, etc. 

103. Hauling or using cars with defective 

equipment; may be hauled to repair 
point at risk of carrier; use of chains 
limited. 

104. Hauling cars with defective equipment, 

except for repairs, unlawful, etc. 

105. Standard height for drawbars for freight 

cars. 

103. Penalty for violation, how recovered, etc. 
107 Times for compliance may be extended. 
103. Employees injured by noncomplying 
cars, etc., do not assume the risk. 

109. Above provisions extended. 


Sec. 

110. Railroads to report accidents to Inter¬ 

state Commerce Commission. 

111. Interstate Commerce Commission to in¬ 

vestigate collisions, accidents, etc., 
may make reports of investigations; 
reports not to be used as evidence in 
suits, etc. 

112. Terms “interstate” and “foreign” com¬ 

merce defined. 

113. Locomotives to be equipped with safety 

asb pans, etc.; exceptions. 

114. Suits to recover penalties for violations, 

etc.; information to be filed by Inter¬ 
state Commerce Commission, etc. 

115. Term “common carrier” defined. 

116. Interstate Commerce Commission may 

investigate and report on use and need 
of safety appliances. 

117. Inspectors to examine mail cars and make 

report; copy of report to be furnished 
Postmaster General. 

118. Life saving on railroads; medals of honor 

for. 

119. Rosettes, ribbons, etc.; lost, etc., rib¬ 

bons. 

120. Payment of expenses. 

/ 


Chapter Four. 

LOCOMOTIVE SAFETY APPLIANCES; BOILER INSPECTORS. 


Sec. 

121. Common carriers affected by this chapter; 

meaning of terms. 

122. Locomotives; use, unless with safe boil¬ 

ers, unlawful; inspection. 

123. Boiler inspectors; chief and assistants; 

appointment, salaries, etc. 

124. Inspection distiicts; appointment, and 

salaries of district inspectors; exami¬ 
nations; disqualifications. 

125. Filing of rules and instructions for in¬ 

spection; approval of all rules. 

126. District inspection; appeals to chief in¬ 

spector by carrier; reexamination; 
final action. 


Sec. 

127. Annual report of chief inspector. 

123. Accidents from failure of boilers; inves¬ 
tigation; detailed reports. 

129. Reports by Interstate Commerce Com¬ 

mission of cause of accidents, etc.; 
such reports not admitted in damage 
suits. 

130. Penalty for violation by carriers; duty 

of district attorney, etc. 

131. Limit of appropriations for each fiscal 

. year. , 


5 





Chapter Five. 


CARE OF ANIMALS IN TRANSIT. 

Sec. 1 Sec. 

132. Transportation of animals; time limit 134. Penalty for neglect. 

upon continuous confinement. 135. Penalties, how recovered; prosecutions. 

133. Animals to be fed and watered; lien. 

Chapter Six. 


LIABILITY FOR INJURIES TO EMPLOYEES. 


Sec. 

136. Railroad common carriers; liability for 

injuries to employees for negligence, 
etc. 

137. Damages for injuries, etc., to employees 

in Territories, etc. 

138. Contributory negligence no bar to recov¬ 

ery; risks of employment not assumed, 
etc. 


Sec. 

139. Liability of carrier not to be evaded by 

contract; the term “common carrier” 
defined. 

140. Survival of action in case of death. 

141. Where suits may be brought; time in 

which may be brought; not remov¬ 
able to Federal court; safety-appli¬ 
ance laws not affected, etc. 


Chapter Seven. 


ARBITRATION BETWEEN CARRIERS AND EMPLOYEES. 


Sec. 

142. Arbitration of controversies with rail¬ 

way employees. 

143. Definitions: railroad and transportation 

construed. 

144. Employees affected; not applicable to 

street railroads. 

145. Use of terms; employer; employees. 

14G. Board of mediation aid conciliation; 

controversies may be submitted to. 

147. Proffer of services in urgent cases. 

148. Opinions as to agreement. 

149. Boards of arbitration authorized; to con¬ 

sist of three or six persons. 

150. Requirements of agreement to arbitrate; 

execution of warrant; action by dis¬ 
trict court, etc. 

151. Authority of arbitrators to secure testi¬ 

mony, etc. 

152. Acknowledgment and filing of agree¬ 

ment. 

153. Notification to arbitrators. 

154. Selection to complete board. 


Sec. 

155. Reconvening of board. 

156. Organization of board; proceedings, etc. 

157. Disposition of papers in former cases. 

158. Action in district court; disposition of 

exceptions on questions of law. 

159. Appeals to circuit court of appeals; re¬ 

stricted to questions of law. 

160. Finality of judgment. 

161. Judgment by agreement. 

162. No compulsory labor. 

163. Rights of employees under Federal 

court receivers; restriction on reduc¬ 
ing wages. 

164. Pay, etc., of members of boards. 

165. Commissioner of mediation and concili¬ 

ation; appointment, pay, and terms; 
other members to constitute board. 

166. Assistant commissioner; appointment 

and pay; duties and authority. 

167. Former Act repealed; pending agree¬ 

ments, etc., continued. 


Chapter Eight. 


HOURS OF SERVICE OF EMPLOYEES. 


Sec. 

168. Common carriers; restriction upon hours 

of service of employees. 

169. Maximum hours of continuous service; 

hours off duty, etc. 


Sec. 

170. Violations, how prosecuted; penalty; not 
to apply to crews of wrecking or relief 
trains. 









Chapter Nine. 

PUBLIC UTILITIES COMMISSION, DISTRICT OF COLUMBIA. 


Sec. 

171. Commission defined. 

172. Commissioner defined. 

173. Public utility defined. 

174. Service defined. 

175. Corporation defined. 

176. Person defined. 

177. Joint rates defined. 

178. Extension or extensions defined. 

179. Street railroad defined. 

180. Street railroad corporation defined. 

181. Common carrier defined. 

182. Gas plant defined. 

183. Gas corporation defined. 

184. Electric plant defined. 

185. Electrical corporation defined. 

186. Water-power company defined. 

187. Telephone corporation defined. 

188. Telephone line defined. 

189. Telegraph corporation defined. 

190. Telegraph line defined. 

191. Pipe-line company defined. 

192. Chapter applicable to transportation 

within District of Columbia; not to 
conflict with interstate commerce. 

193. Corporations not transacting business, 

etc., included. 

194. Service and facilities to be safe, adequate, 

and reasonable; discriminations un¬ 
lawful. 

195. Mutual use of tracks, etc., to be per¬ 

mitted; commission to direct rates, 
etc., when; recourse to courts, etc. 

196. Power of commission to compel com¬ 

pliance with laws and regulations; 
present liabilities of utilities not re¬ 
lieved, etc. 

197. Action of commission on proposed 

changes of laws. 

198. Physical valuation of utilities; report of 

commission. 

199. Valuation of property in use; public 

hearings to determine, etc.; revalua¬ 
tion. 

200. Uniform system of accounting; form of 

accounts blanks, etc., to be prescribed 1 
by commission. 

201. Office for records of public utility re¬ 

quired; removal of books from Dis¬ 
trict forbidden, exception. 

202. Annual balance sheet to be filed, etc. 

203. Auditing of accounts; authority of ex¬ 

aminers. 

204. Depreciation account required; use of 

depreciation fund; restriction, etc. 

205. New construction, etc., by public util¬ 

ities; duty of commission. 


Sec. 

206. Sliding scale of rates and dividends per¬ 

mitted, when; supervision, etc., of 
commission. 

207. Itemized reports to be made; details of. 

208. Annual reports of proceedings of com¬ 

mission required; valuations, rates, 
etc., included in. 

209. Standards of service to be established by 

commission. 

210. Tests by commission; appliances and ap¬ 

paratus for; authority and fees. 

211. Schedules of rates, etc., to be filed with 

commission; restriction of charges; 
rules affecting rates, etc.; public dis¬ 
play of. 

212. Schedules of joint rates, etc.; changes 

restricted. 

213. New schedules to be filed. 

214. Charges greater or less than in schedules 

unlawful, etc.; forms of schedules may 
be changed by commission. 

215. Regulation of inspections, etc. 

216. Production of papers, etc., from outside 

the District; penalty for refusal. 

217. Attendance of witnesses; duty of district 

attorneys, etc. 

218. Commission may appoint agents to con¬ 

duct investigations; power, authority, 
and effect of recommendations of. 

219. Information required of utilities. 

220. Investigation of alleged unreasonable 

rates, schedules, etc.; notification of 
complaint, hearings, etc. 

221. Commission’s order substituting just and 

reasonable rates, charges, and time 
schedules; extension of service; notice 
to utility required. 

222. If rates found unjust, utility bears ex¬ 

penses of investigation. 

223. Separate hearings of complaints. 

224. Summary investigation; notification for, 

and conduct of, proceedings in formal 
hearings. 

225. Complaint by a public utility. 

226. Power of commission and its agents in 

administering oaths and issuing sub¬ 
poenas; attachment in case of disobe¬ 
dience of witness, etc. 

227. Witness fees. 

228. Depositions. 

229. Record of proceedings; stenographer to 

be appointed, when. 

230. Certified transcript of proceedings to be 

filed in court. 

231. Effect of stenographer’s certified tran¬ 

script as evidence. 


Sec. 

232. Commission to approve transfer of fran¬ 

chises, effect of transfers; restriction on 
acquiring stock of other utilities. 

233. Commission to have supervision of gas 

and electric corporations. 

234. Commission’s investigations in ascertain¬ 

ing quality and quantity of products of 
corporations; power to order improve¬ 
ment, etc. 

235. Commission to fix standards for products; 

penalty for divulging information by 
agent. 

236. Authority of commission required for 

construction of new plants. 

237. Inspectors of gas meters; appointment 

and duties. 

238. Inspectors of electric meters; appoint¬ 

ment and duties. 

239. Utility to provide testing facilities. 

240. Inspection of meters on complaints, ex¬ 

penses of; rules and regulations pre¬ 
scribed by commission. 

241. Effect of excessive price in actions for 

collection of charges. 

242. Appointment and removal of inspectors 

of gas and meters and assistant in¬ 
spectors vested in commission; salaries 
of inspectors. 

243. Schedules of utilities to conform to orders 

of commission. 

244. Alterations of rates, schedules, etc., may 

be made by commission. 

245. Rates, etc., prima facie reasonable. 

246. True valuation, proceedings in equity to 

determine elements of. 

247. Proceedings in equity against orders, etc., 

of commission. 

248. Precedence to be given cases; appeals; 

suspension of decision; commission 
relieved from costs and liability for 
damages, etc. 

249. Time limit for actions against orders of 

commission. 

250. Issue of injunctions restricted. 

251. Introduction of new evidence, proceed¬ 

ings in case of. 

252. Effect of commission’s action in rescind¬ 

ing, amending, or changing order. 

253. Burden of proof on party adverse to com¬ 

mission. 

254. No person excused from testifying; im¬ 

munity from prosecution to natural 
persons; no exemption from perjury. 

255. Effect of copies of orders of commission. 

256. Lions on property subject to control, etc., 

of commission. 

257. Issuance of stock, etc., of public utility 

on authority of commission; record of 
certificates required; stock dividends, 
etc., forbidden. 


Sec. 

258. Reorganizations; restriction on issue of 

stock, etc., for purposes of consolida¬ 
tion. 

259. Application of proceeds of stock; issues 

contrary to provisions void. 

260. Penalty for illegally issuing stock, etc. 

261. Making false statements to secure issue 

of stock, etc., a felony; punishment. 

262. Discrimination in charges, etc., prohib¬ 

ited; penalty. 

263. Deductions for facilities furnished un¬ 

lawful; renting incidental facilities 
excepted. 

204. Rebates, etc., unlawful; penalty. 

265. Refusal to furnish information, penalty for. 

266. Penalty for violating provisions of this 

chapter; responsibility for acts of 
officers. 

267. Penalty for injury, etc., to apparatus of 

commission. 

268. Every day of failure to comply with 

orders a separate offense. 

269. Authority of commission to regulate 

charges, etc. 

270. Public utility to make report of acci¬ 

dents; investigation by commission. 

271. Inquiry by commission into violation of 

laws, etc., by utilities. 

272. Corporation counsel general counsel for 

commission; additional compensation; 
duties of. 

273. Provisions of this chapter to be construed 

liberally; additional powers of com¬ 
mission; substantial compliance suffi¬ 
cient; each section declared inde¬ 
pendent. 

274. No release of rights, etc., under other 

laws; penalties, etc., cumulative. 

275. Rates not to be increased; application for 

changes; proceedings in court, etc. 

276. Office force; incidental expenses; dis- 
• bursements, etc. 

277. Commission to have powers over street 

railways; orders, etc., continued in 
force. 

278. Power to order repairs, improvements, 

etc., by public utilities. 

279. Powers of commission vested in Commis¬ 

sioners of the District; authority per¬ 
manent, etc.; organization of commis¬ 
sion, etc. 

280. Interest of commissioner in public utility, 

stock, etc., forbidden; oath of officers. 

281. Appropriations for expenses, half from 

District revenues. 

282. Authority, etc., of District Commission¬ 

ers continued in force. 

283. Boards of directors of utilities limited. 

284. Charters, laws, etc., continued. 

285. Pending actions not affected. 


8 







REPORT OF THE COMMISSION. 


CODE OF LAWS GOVERNING COMMON CARRIERS 
OF INTERSTATE AND FOREIGN COMMERCE 
AND WITHIN THE DISTRICT OF COLUMBIA. 


Chapter One. 

REGULATIONS OF TRANSPORTATION. 


Sec. 

1. Interstate commerce, to what carriers ap¬ 

plicable. 

2. Common carrier, railroad, and transporta¬ 

tion defined. 

3. Charges to be reasonable and just. 

4. Classification of propert. for transporta¬ 

tion; classification to be reasonable; 
baggage facilities, etc. 

5. Free -'transportation forbidden; excep¬ 

tions; penalty. 

6. Railroads not to carry products in which 

interested, etc. 

7. Railroads to construct switches; to fur¬ 

nish cars to shippers, etc. 

8. Common carrier to issue receipt or bill of 

lading; liable for loss or damage to 
property carried. 

9. Special rates, rebates, etc., prohibited. 

10. Undue preferences prohibited; exception 

in case of war. 

11. Charge for short haul not more than for 

long haul. 

12. Competition with water routes; increase 

of reduced rates restricted. 

13. Pooling of freights or earnings with others 

prohibited. 

14. Unlawful for railroad to own, etc., com¬ 

peting water carrier operating through 
Panama Canal or elsewhere. 

15. Interstate Commerce Commission to de¬ 

termine fact of competition; hearings. 

16. Continuation of water service if competi¬ 

tion not excluded; rates, schedules, 
etc., required, if service extended; ap¬ 
plication for extension of service. 

17. Use of canal forbidden to ships owned, 

etc., in violation of antitrust laws; de¬ 
termination of fact. 

18. Free carriage not prevented, when; may 

issue interchangeable mileage tickets. 

19. No greater or less compensation to be de¬ 

manded for interchangeable mileage 
than joint rate. 

20. Carrier to print and keep posted in depots 

schedules of rates and fares. 

21. Carrier carrying freight through foreign 

country to print and keep posted sched¬ 
ule of rates. 


Sec. 

22. No change to be made in rates and fares 

except after thirty da s’ notice. 

23. Willful failure to file and publish sched¬ 

ules of rates and faros; penalty. 

24. Name of resident agent to be posted in 

every freight station. 

25. Failure to give, or misstating rates for 

shipment. 

26. Carrier not to engage in interstate com¬ 

merce unless schedule of rates have 
been filed and published. 

27. Noncompliance with orders and regula¬ 

tions of Commission; penalty. 

28. Transportation by rail and water through 

Panama Canal; additional jurisdiction 
of Interstate Commerce Commission. 

29. Institution of proceedings; enforcement 

of orders, etc. 

30. Copies of schedules filed to be preserved 

by Commission; to be prima facie evi¬ 
dence in judicial proceedings. 

31. Combinations to prevent continuous car¬ 

riage of freight to destination prohibited. 

32. Liability to persons injured by violation 

of provisions of this Chapter. 

33. Persons damaged may complain to Com¬ 

mission or sue personally. 

34. Punishment for willful violation of this 

Chapter. 

35. False billing, false classification, false 

weighing, etc., by carrier; penalty. 

36. Shipper attempting to secure lower rates 

by means of false billing, false classifi¬ 
cation, false weighing, etc.; penalty. 

37. Shipper attempting to secure unjust dis¬ 

crimination from carrier by bribery, 
etc.; penalty. 

38. Unlawful to offer or give, or to solicit or 

accept rebate, etc.; penalty. 

39. Carrier not to accept valuable considera¬ 

tion as rebate; penalty; act of agent to 
be deemed act of carrier. 

40. Rate filed with Commission to be deemed 

legal rate. 

41. Act of officer or agent to be also deemed 

act of corporation. 

42. Common carrier to designate agent in 

Washington upon whom process can be 
served; service of. in case of failure to 
designate. 


10 




EXISTING LAAV 

















REPORT OF THE COMMISSION. 


Interstate com¬ 
merce; to what 
carriers applicable. 

Interstate Com¬ 
merce Commission 
v. Baltimore, etc., 
It. Co., 145 U. S., 
263; Reagan v. 
Farmers’ L. & T. 
Co., 154 U. S., 412; 
Interstate Com¬ 
merce Commission 
v. Brimson, 154 U. 
S., 447; Cincinnati, 
etc., R. Co. v. In¬ 
terstate Commerce 
Commission, 162 
U. S., 184; Texas, 
etc., R. Co. v. In¬ 
terstate Commerce 
Commission, 162 
U. S., 197; U. S.v. 
Trans-Mi ssouri 
Freight Ass’n, 166 
U. S., 290; Inter¬ 
state Commerce 
Commission v. Cin¬ 
cinnati, etc., R. 
Co., 167 U. S., 479; 
Interstate Com¬ 
merce Commission 
v. Detroit, etc., R. 
Co., 167 U. S., 633; 
Interstate Com¬ 
merce Commission 
v. Alabama Mid¬ 
land R. Co., 168 U. 
S., 144; Louisville, 
etc., R. Co. v. 
Behlmer, 175 U. 
S., 648; Interstate 
Commerce Com- 
mission v. Baird, 
194 U. S., 25; Ex 
parte Koehler, 30 
Fed. Rep., 869; 
Kentucky, etc., 
Bridge Co. v. Louis¬ 
ville, etc., R. Co., 
37 Fed. Rep., 567; 
U. S. v. Morsman, 
42 Fed. Rep., 448; 
Interstate Com¬ 
merce Commission 
v. Baltimore, etc., 
R. Co., 43 Fed 
Rep., 37; Pacific 
Express Co. v. Sie- 
bert, 41 Fed. Rep., 
310; Chicago, etc., 
R. Co. v. Osborne, 
52 Fed. Rep., 914; 
Interstate Com¬ 
merce Commission 
v. Cincinnati, etc., 
R. Co., 56 Fed. 
Rep., 925; Au¬ 
gusta S. R. Co. v. 
Wrightsville, etc., 
R. Co., 74 Fed. 
Rep., 522; Inter¬ 
state Commerce 
Commission rt.Bell- 
aire, etc., R. Co., 
77 Fed Rep., 942; 
U. S. v. Chicago, 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 


Sec. 1 . The provisions of this chapter and of chapter 
two of this Act shall apply to any corporation or any person 
or persons engaged in the transportation ot oil or other com¬ 
modity (except water, and except natural or artificial gas) 
by means of pipe lines, or partly by pipe lines and partly by 
railroad, or partly by pipe lines and partly by water, and to 
telegraph, telephone, and cable companies (whether wire 
or wireless) engaged in sending messages from one State, 
Territory, or District of the United States, to any other State, 
Territory, or District of the United States, or to any foreign 
country, who shall be considered and held to be common 
carriers within the meaning and purpose of this chapter and 
of chapter two of this Act; and to any common carrier or 
carriers engaged in the transportation of passengers or prop¬ 
erty wholly by railroad (or partly by railroad and partly by 
water when both are used under a common control, manage¬ 
ment, or arrangement for a continuous carriage or shipment), 
from one State or Territory of the United States, or the Dis¬ 
trict of Columbia, to any other State or Territory of theUnited 
States, or the District of Columbia, or from one place in a 
Territory to another place in the same Territory, or from any 
place in the United States to an adjacent foreign country, or 
from any place in the United States through a foreign coun¬ 
try to any other place in the United States and also to the 


12 


EXISTING LAW. 


SEC. 1. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 7. 


Sec. 7. That section one of the Act entitled “An Act to regulate 
commerce,” approved February fourth, eighteen hundred and eighty- 
seven, as heretofore amended, is hereby now amended so as to read 
as follows: 

“Section 1 . That the provisions of this Act shall app^ to any 
corporation or any person or persons engaged in the transportation 
of oil or other commodity, except water and except natural or arti¬ 
ficial gas, by means of pipe lines, or partly by pipe lines and partly 
by railroad, or partly by pipe lines and partly by water, and to tele¬ 
graph, telephone, and cable companies (whether wire or wireless) 
engaged in sending messages from one State, Territory, or District of 
the United States, to any other State, Territory, or District of the 
United States, or to any foreign country, who shall be considered 
and held to be common carriers within the meaning and purpose of 
this Act, and to any common carrier or carriers engaged in the trans¬ 
portation of passengers or property wholly by railroad (or partly by 
railroad and partly by water when both are used under a common 
control, management, or arrangement for a continuous carriage or 
shipment), from one State or Territory of the United States or the 
District of Columbia, to any other State or Territory of the United 
States or the District of Columbia, or from one place in a Territory 
to another place in the same Territory, or from any place in the 
United States to an adjacent foreign country, or from any place in 
the United States through a foreign country to any other place in 
the United States, and also to the transportation in like manner of 
property shipped from any place in the United States to a foreign 
country and carried from such place to a port of transshipment, or 
shipped from a foreign country to any place in the United States and 
carried to such place from a port of entry either in the United States 
or an adjacent foreign country: Provided, however, That the pro¬ 
visions of this Act shall not apply to the transportation of passengers 
or property, or to the receiving, delivering, storage, or handling of 
property wholly within one State and not shipped to or from a foreign 
country from or to any State or Territory as aforesaid, nor shall they 
apply to the transmission of messages by telephone, telegraph, or 
cable wholly within one State and not transmitted to or from a foreign 
country from or to any State or Territory as aforesaid. 


Interstate com¬ 
merce regulations. 

Vol. 24, p. 379; 
Vol. 34, p. 584, 
amended. 

Application. 

Tran sportation 
by pipe lines, etc., 
between States. 

Telegraph, tele¬ 
phone, and cable 
companies in¬ 
cluded. 


Railroad, etc. 


Within a Terri¬ 
tory. 

Foreign ship¬ 
ments. 


Transshipments. 


Proviso. 

Within one 
State not in¬ 
cluded. 


13 


REPORT OF THE COMMISSION. 


etc., R. Co., 81 
Fed. Rep., 783; U. 
S. v. Seaboard R. 
Co., 82 Fed. Rep., 
563; Cotti ng i>. 
Kansas City S. Y. 
Co., 82 Fed. Rep., 
839; Interstate 
Commerce Com¬ 
mission v. East 
Tennessee, etc., R. 
Co., 85 Fed. Rep., 
187; Gulf, etc., R. 
Co. v. Miami S. 
Co., 86 Fed. Rep., 
407; Southern In¬ 
diana Express Co. 
v. U. S. Express 
Co., 88 Fed. Rep., 
659; Interstate 
S. Y.Co. v. Indian¬ 
apolis U. R. Co., 99 
Fed. Rep., 472; 
Tiftt; Southern R. 
Co., 123 Fed. Rep., 
789. 


“Common car¬ 
rier,” “railroad,” 
and “transporta¬ 
tion” defined. 

Chicago, etc., R. 
Co. v. Osborne, 52 
Fed. Rep., 912; 
Western, etc., R. 
Co. v. Penn Refin¬ 
ing Co., 137 Fed. 
Rep.. 356; Minne¬ 
sota Rate Cases, 
230 U. S , 352; H. 
E. & W. T. Ry. 
Co. v. U. S., 234 
U. S., 342; Tap 
Line Cases, 234 U. 
S., 1; U. S. v. 
Adams Exp. Co., 
229 U. S., 381. 


1 transportation in like manner of property shipped from any 

2 place in the United States to a foreign country and carried 

3 from such place to a port of trans-shipment, or shipped from 

4 a foreign country to any place in the United States and car- 

5 ried to such place from a port of entry either in the United 

6 States or an adjacent foreign country: Provided , That the 

7 provisions of this chapter shall not apply to the transportation 

8 of passengers or property, or to the receiving, delivering, 

9 storage, or handling of property wholly within one State 

10 and not shipped to or from a foreign country from or to any 

11 State or Territory as aforesaid, nor shall they apply to the 

12 transmission of messages by telephone, telegraph, or cable 

13 w'holly within one State and not transmitted to or from a 

14 foreign country from or to any State or Territory as aforesaid. 

15 [4 Feb., 1887, 24 Stat. L., 379, c. 104, s. 1; 1 Supp., 529. 

16 29 June, 1906, 34 Stat. L., 584, c. 3591, s. 1. 18 June, 

17 1910, 36 Stat. L., 544, c. 309, s. 7.] 

18 Sec. 2. The term “common carrier” as used in this 

19 chapter shall include express companies and sleeping car 

20 companies. The term “railroad” shall include all bridges 

21 and ferries used or operated in connection wuth any railroad; 

22 also all the road in use by any corporation operating a railroad, 

23 whether owned or operated under a contract, agreement, or 

24 lease; also all switches, spurs, tracks, and terminal facilities of 


14 


EXISTING LAW. 


SEC. 2. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 7. 

Sec. 7. 


“The term ‘common carrier’ as used in this Act shall include 
express companies and sleeping car companies. The term ‘railroad’ 
as used in this Act shall include all bridges and ferries used or oper¬ 
ated in connection with any railroad, and also all the road in use by 
any corporation operating a railroad, whether owned or operated 
under a contract, agreement, or lease, and shall also include all 
switches, spurs, tracks, and terminal facilities of every kind used or 
necessary in the transportation of the persons or property designated 
herein, and also all freight depots, yards, and grounds used or neces¬ 
sary in the transportation or delivery of any of said property; and 
the term ‘transportation’ shall include cars and other vehicles and 
all instrumentalities and facilities of shipment or carriage, irrespective 
of ownership or of any contract, express or implied, for the use thereof 


Express and 
sleeping car com¬ 
panies. 

“Railroad” to 
include bridges, 
etc. 

Suntch es, ter¬ 
minal facilities, 
etc., also. 


“Transpor¬ 
tation” to include 
cars, facilities for 
storing, icing, etc. 


15 


REPORT OF THE COMMISSION. 

1 every kind used or necessary in the transportation of the per- 

2 sons or property designated herein; and also all freight depots, 

3 yards, and grounds used or necessary in the transportation or 

4 delivery of any of said property. The term “ transportation’ ’ 

5 shall include cars and other vehicles and all instrumentalities 

6 and facilities of shipment or carriage, irrespective of owner- 

7 ship or of any contract, express or implied, for the use thereof, 

m 

8 and all services in connection with the receipt, delivery, 

9 elevation, and transfer in transit, ventilation, refrigeration 

10 or icing, storage, and handling of property transported. It 

11 shall be the duty of every carrier subject to the provisions of 

12 this chapter to provide and furnish such transportation upon 

13 reasonable request therefor, and to establish through routes 

14 and just and reasonable rates applicable thereto; and to 

15 provide reasonable facilities for operating such through 

16 routes and to make reasonable rules and regulations with 

17 respect to the exchange, interchange, and return of cars 

18 used therein, and for the operation of such through routes, 

19 and providing for reasonable compensation to those entitled 

20 thereto. [4 Feb., 1887, 24 Stat. L., 379, c. 104, s. 1; 1 

21 Supp., 529. 29 June, 1906, 34 Stat. L., 584, c. 3591, s. 1. 

22 18 June, 1910, 36 Stat. L., 545, c. 309, s. 7.] 


1G 


EXISTING LAW. 


and all services in connection with the receipt, delivery, elevation, 

and transfer in transit, ventilation, refrigeration or icing, storage, 

and handling of property transported; and it shall be the duty of .Carriers to % fur- 

every carrier subject to the provisions of this Act to provide and msh > etc - 

furnish such transportation upon reasonable request therefor, and 

to establish through routes and just and reasonable rate applicable Through routes. 

thereto; and to provide reasonable facilities for operating such 

through routes and to make reasonable rules and regulations with 

respect to the exchange, interchange, and return of cars used therein, Return of cars, 

and for the operation of such through routes, and providing for etc - 

reasonable compensation, to those entitled thereto. 


63G93—14-3 


17 



REPORT OF THE COMMISSION. 


Sec. 3. All charges made for any service rendered 
or to be rendered in the transportation of passengers or prop¬ 
erty, and for the transmission of messages by telegraph, tele¬ 
phone, or cable, as aforesaid, or in connection therewith, 
5 shall be just and reasonable; and every unjust and unreason- 


Charges to be 
reasonable and 
just. 

1 nterstate * com¬ 
merce Commission 
v. Baltimore, etc., 

R. Co., 145 U. S., 

263; Cincinnati, 
etc., R. Co. v. In¬ 
terstate Commerce 
Commission, 162 
U. S., 184; Texas, 
etc., R. Co. v. In¬ 
terstate Commerce 
Commission, 162 
U. S., 197; Parsons 
v. Chicago, etc., R. 

Co., 167 U. S., 447; 

Interstate Com¬ 
merce Commission 
v. Cincinnati, etc., 

R. Co., 167 U. S., 

479; Interstate 
Commerce Com¬ 
mission v. Ala¬ 
bama Midland R. 

Co., 168 U. S., 144; 

Louisville, etc., R. If) 

Co. v. Behlmer, 

175 U. S., 648; In¬ 
terstate Commerce 11 
Commission v. Cin¬ 
cinnati, etc., R. 

Co., 167 U. S., 479; 

Interstate Com- 
merce Commission 
v. Baird, 194 U. S., 1 Q 
25; Cutting v. 

Florida R. & N. 

Co., 30 Fed. Rep., 14 
663; Ex parte 
Koehler, 31 Fed. 1 r 
Rep., 862; Ken- lO 
tucky, etc., Bridge 
Co. v. Louisville, i n 
etc., R. Co., 37 ^ 

Fed. Rep., 567; 

Parsons v. Chicago, 17 
etc., R. Co., 63 
Fed. Rep., 903; 

Interstate Com- 18 
merce Commission 
v. Louisville, etc., 

R. Co., 73 Fed. 13 
Rep., 409; Inter- 

state Commerce Commission y. Lehigh Valley R. Co., 74 Fed. Rep., 784: Detroit, etc., R. Co. 
v. Interstate Com merce Commission,74 Fed. Rep., 803; Kinnaveyv. Terminal R. Ass’n, 81 Fed. Rep., 
802; Van Patten v. Chicago, etc., R. Co., 81 Fed. Rep., 544; Interstate Commerce Commission v. 


able charge for such service or any part thereof is prohibited • 
and declared to be unlawful: Provided, That messages by tele¬ 
graph, telephone, or cable, subject to the provisions of this 
chapter, may be classified into day, night, repeated, un¬ 
repeated, letter, commercial, press, Government, and such 
other classes as are just and reasonable, and different rates 
may be charged for the different classes of messages: And 
provided further, That nothing in this chapter shall be con¬ 
strued to prevent telephone, telegraph, and cable companies 
from entering into contracts with common carriers, for the 
exchange of services. [4 Feb., 1887, 24 Stat. L., 379, c. 
104, s. 1; 1 Supp., 529. 29 June, 1906, 34 Stat. L., 584, 

c. 3591, s. 1. 18 June, 1910, 36 Stat, L., 545, c. 309, 

s. 7.] 



703, ib., 117 Fed. Rep., 741; Allen & Lewis v. Oregon R. A N. Co., 106 Fed. Rep., 265; Interstate 
Commerce Commission v. Nashville, etc., R. Co., 120 Fed. Rep., 934; Tift v. Southern R. Co. 123 
Fed. Rep., 789; Western, etc., R. Co. v. Penn Refining Co., 137 Fed. Rep., 343. 


Classification of 9() 
property for trans¬ 
portation; classifi¬ 
cation to be reason- o -t 
able; baggage facil- " 1 
ities, etc. 

22 

23 


Sec. 4. It is hereby made the duty of all common car¬ 
riers subject to the provisions of this chapter to establish, 
observe, and enforce just and reasonable classifications of 
property for transportation, with reference to which rates, 



EXISTING LAW. 


SEC. 3. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 7. 

Sec. 7. * * * 

“All charges made for any service rendered or to be rendered in the . Charges to be 
transportation of passengers or property and for the transmission of an(l reason * 
messages by telegraph, telephone, or cable, as aforesaid, or in con- ‘ Telegraph etc 
nection therewith, shall be just and reasonable; and every unjust messages, 
and unreasonable charge for such service or any part thereof is pro¬ 
hibited and declared to be unlawful: Provided, That messages by Proviso. 
telegraph, telephone, or cable, subject to the provisions of this Act, Classification, 
may be classified into day, night, repeated, unrepeated, letter, com¬ 
mercial press, Government, and such other classes as are just and 
reasonable, and different rates may be charged for the different 
classes of messages: And provided further, That nothing in this Act Contracts by tel- 
shall be construed to prevent telephone, telegraph, and cable com- c °™' 

panics from entering into contracts with common carriers, lor the hers, 
exchange of services. * * * 


SEC. 4. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 7. 

Sec. 7. * * * 

“And it is hereby made the duty of all common carriers subject to Classifications of 
the provisions of this Act to establish, observe, and enforce just and b^utuui/rc'asoll- 
reasonablo classifications of property for transportation, with refer- abl p 
ence to which rates, tariffs, regulations, or practices are or may be 
made or prescribed, and just and reasonable regulations and prac- Regulations, 
tices affecting classifications, rates, or tariffs, the issuance, form, and 

19 


REPORT OF THE COMMISSION. 


Free transporta¬ 
tion forbidden: ex¬ 
ceptions; penalty. 


1 tariffs, regulations, or practices are or may be made or pre- 

2 scribed, and just and reasonable .regulations and practices 

3 affecting classifications, rates, or tariffs, the issuance, form, 

4 and substance of tickets, receipts, and bills of lading, the 

5 manner and method of presenting, marking, packing, and 

6 delivering property for transportation, the facilities for trans- 

7 portation, the carrying of personal, sample, and excess bag- 

8 gage, and all other matters relating to or connected with 

9 the receiving, handling, transporting, storing and delivery of 

10 property subject to the provisions of this chapter which may 

11 be necessary or proper to secure the safe and prompt receipt, 

12 handling, transportation, and delivery of property subject to 

13 the provisions of this chapter upon just and reasonable termsi 

14 and every such unjust and unreasonable classification, regu- 

15 lation, and practice with reference to commerce between the 

16 States and with foreign countries is prohibited and declared 

17 to be unlawful. [18 June, 1910, 36 Stat. L., 546, c. 309, 

18 s. 7.] 

19 Sec. 5. No common carrier subject to the provisions 

20 of this chapter shall, directly or indirectly, issue or give any 

21 interstate free ticket, free pass, or free transportation for 

22 passengers, except to its employees and their families, its 

23 officers, agents, surgeons, physicians, and attorneys at law; 

24 to ministers of religion, traveling secretaries of railroad Young 


20 



EXISTING LAW. 

substance of tickets, receipts, and bills of lading, the manner and 

method of presenting, marketing, packing, and delivering property 

for transportation, the facilities for transportation, the carrying of Facilities for 

personal, sample, and excess baggage, and all other matters relating ba "? a S e > etc - 

to or connected with the rocoivi g, handling, transporting, storing, 

and delivery of property subject to the provisions of this Act which 

may bo necessary or proper to socure the safo and prompt receipt, 

handling, transportation, and delivery of property subject to the 

provisions of this Act upon just and reasonable terms, and every Unjust classifi- 

such unjust and unreasonable classification, regulation, and practice ca ^ on3 > etc., of in- 

witli reference to commerce between tho States and with foreign 

countries is prohibited and declared to bo unlawful. * * * lawful 


SEC. 5. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 7. 

Sec. 7. * * * 

“No common carrier subject to the provisions of this Act shall, Passes, etc., pro- 
after January first, nineteen hundred and seven, directly or indirectly, biblted - 
issue cr give any interstate free ticket, free pass, or free transporta¬ 
tion for passengers, except to its employees and their families, its Exceptions, 
officers, agents, surgeons, physicians, and attorneys at law; to minis¬ 
ters of religion, traveling secretaries of railroad Young Men’s Christian 
Associations, inmates of hospitals and charitable and eleemosynary 
institutions, and persons exclusively ongagod in charitable and elee¬ 
mosynary work; to indigonf, destitute, and homeless persons, and to 
such persons when transported by charitable societies or hospitals, 


21 






REPORT OF THE COMMISSION. 

1 Men’s Christian Associations, inmates of hospitals and chari- 

2 table and eleemosynary institutions, and persons exclusively 

3 engaged in charitable and eleemosynary work; to indigent, 
4. destitute, and homeless persons, and to such persons when 

5 transported by charitable societies or hospitals, and the neces- 

6 sary agents employed in such transportation; to inmates of 

7 the National Homes or State Homes for Disabled Volunteer 

8 Soldiers, and of Soldiers’ and Sailors’ Homes, including those 

9 about to enter and those returning home after discharge; to 

10 necessary caretakers of live stock, poultry, milk, and fruit; 

11 to employees on sleeping cars, express cars, and to linemen of 

12 telegraph and telephone companies; to Railway Mail Service 

13 employees, post-office inspectors, customs inspectors, and im- 

14 migration inspectors; to newsboys on trains, baggage agents, 

15 witnesses attending any legal investigation in which the 

16 common carrier is interested, persons injured in wrecks and 

17 physicians and nurses attending such persons: Provided , 

18 That this provision shall not be construed to prohibit the 

19 interchange of passes for the officers, agents, and employees 

20 of common carriers, and their families; nor to prohibit any 

21 common carrier from carrying passengers free with the object 

22 of providing relief in cases of general epidemic, pestilence, or 

23 other calamitous visitation: And provided further, That this 

24 provision shall not be construed to prohibit the privilege of 


22 


EXISTING LAW. 


% 


and the necessary agents employed in such transportation; to inmates 
of the National Homes or State Homes for Disabled Volunteer Sol¬ 
diers, and of Soldiers’ and Sailors’ Homes, including those about to 
enter and those returning home after discharge; to necessary care¬ 
takers of live stock, poultry, milk, and fruit; to employees on sleep¬ 
ing cars, express cars, and to linemen of telegraph and telephone 
companies; to Railway Mail Service employees, post-office inspectors, 
customs inspectors, and immigration inspectors; to newsboys on 
trains, baggage agents, witnesses attending any legal investigation 
in which the common carrier is interested, persons injured in wrecks 
and physicians and nurses attending such persons: Provided, That Provisos. 
this provision shall not be construed to prohibit the interchange of Interchange for 
passes for the officers, agents, and employees of common carriers, etc* 68 ’ lanU 
and their families; nor to prohibit any common carrier from carrying Epidemics, etc, 
passengers free with the object of providing relief in cases of general 
epidemic, pestilence, or other calamitous visitation: And -provided 
further, That this provision shall not be construed to prohibit the Exchange of tel- 
privilege of passes or franks, or the exchange thereof with each other, e § ra ph franks, 
for the officers, agents, employees, and their families of such tele¬ 
graph, telephone and cable lines, and the officers, agents, employees 
and their families of other common carriers subject to the provisions 
of this Act: Provided further, That the term ‘ employees’ as used in Persons in- 
this paragraph shall include furloughed, pensioned, and superannu- c 1 u cl e d as ern ‘ 
ated employees, persons who have become disabled or infirm in the p oyees ' 
service of any such common carrier, and the remains of a person 
killed in the employment of a carrier and ex-employees traveling 
for the purpose of entering the service of any such common carrier: 
and the term ‘families’ as used in this paragraph shall include the “Families” ex¬ 
families of those persons named in this proviso, also the families of tended, 
persons killed, and the widows during widowhood and minor children 
during minority of persons who died, while in the service of any such 
common carrier. Any common carrier violating this provision shall Penalty for vxo- 
be deemed guilty of a misdemeanor, and for each offense, on convic- a lons * 
tion, shall pay to the United States a penalty of not less than one 
hundred dollars nor more than two thousand dollars, and any person, 
other than the persons excepted in this provision, who uses any such 
interstate free ticket, free pass, or free transportation shall be subject 
to a like penalty. * * * 


23 


REPORT OF THE COMMISSION. 


1 passes or franks, or the exchange thereof with each other, for 

2 the officers, agents, employees and their families of such tele- 

3 graph, telephone, and cable lines, and the officers, agents, 

4 employees, and their families of other common carriers subject 

5 to the provisions of this chapter: Provided further , That the 

6 term “ employees” as used in this section shall include fur- 

7 loughed, pensioned, and superannuated employees, persons 

8 who have become disabled or infirm in the service of any such 

9 common carrier, and the remains of a person killed in the 

10 employment of a carrier and ex-employees traveling for the 

11 purpose of entering the service of any such common carrier; 

12 and the term “ families’ ’ as used in this section shall include 

13 the families of those persons named in this proviso, also the 

14 families of persons killed, and the widows during widowhood 

15 and minor children during minority of persons who died, 

16 while in the service of any such common carrier. Any com- 

17 mon carrier violating any provision of this section shall for 

18 each offense pay to the United States a penalty of not less 

19 than one hundred nor more than two thousand dollars; and 

20 any person, other than the persons excepted in this provision 

21 who uses any such interstate free ticket, free pass, or free 

22 transportation, shall be subject to a like penalty. [29 June, 

23 1906, 34 Stat. L., 584, c. 3591, s. 1. 13 Apr., 1908, 35 

24 Stat. L., 60, c. 143. 18 June, 1910, 36 Stat. L., 546, c. 

25 309, s. 7.] 


24 





EXISTING LAW. 















REPORT OF THE COMMISSION. 


Railroads not to 
carry products in 
which interested, 
etc. 


Railroads to con¬ 
struct switches; to 
furnish cars to 
shippers, etc. 

I.C. C. v. D. L. 
& W. R. R. Co., 
216 U. S., 531; U. 
S. v. B. & O. S. 
W. R. R. Co., 226 
U. S., 14. 


1 Sec. 6. It shall be unlawful for any railroad com- 

2 pany to transport from any State, Territory, or the District 

3 of Columbia, to any other State, Territory, or the District of 

4 Columbia, or to any foreign country, any article or commod- 

5 ity, other than timber and the manufactured products thereof, 

6 manufactured, mined, or produced by it, or under its authority, 

7 or which it may own in whole, or in part, or in which it may 

8 have any interest, direct or indirect, except such articles or 

9 commodities as may be necessary and intended for its use in 

10 the conduct of its business as a common carrier. [29 June, 

11 1906, 34 Stat. L., 585, c. 3591, s. 1. 18 June, 1910, 36 

12 Stat. L., 547, c. 309, s. 7.] 

13 Sec. 7. Any common carrier subject to the pro- 

14 visions of this chapter upon application of any lateral, branch 

15 line of railroad, or of any shipper tendering interstate traffic 

16 for transportation, shall construct, maintain, and operate 

17 upon reasonable tenns a switch connection with any such 

18 lateral, branch line of railroad, or private side track which 

19 may be constructed to connect with its railroad, where such 

20 connection is reasonably practicable and can be put in with 

21 safety and will furnish sufficient business to justify the con- 

22 struction and maintenance of the same; and shall furnish cars 

23 for the movement of such traffic to the best of its ability with- 

24 out discrimination in favor of or against any such shipper. 


26 


EXISTING LAW. 


SEC. 6. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 7. 

Sec. 7. * * * 

“From and after May first, nineteen hundred and eight, it shall be Railroads not to 
unlawful for any railroad company to transport from any State, ca **y products; m 
Territory, or the District of Columbia, to any other State, Territory, w uc 1 in eres ec ' 
or the District of Columbia, or to any foreign country, any article or 
commodity, other than timber and the manufactured products ce p t e™ b er ex ’ 
thereof, manufactured, mined, or produced by it, or under its authority, 
or which it may own in whole or in part, or in which it may have any 
interest, direct or indirect, except such articles or commodities as 
may be necessary and intended for its use in the conduct of its busi¬ 
ness as a common carrier. * * *- 


SEC. 7. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 

“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 

eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 7. 

Sec. 7. * * * 

“Any common carrier subject to the provisions of this Act, upon Switches and 
application of any lateral, branch line of railroad, or of any shipper c *[ s /d be { . ur ' 
tendering interstate traffic for transportation, shall construct, main- ms e y camera - 
tain, and operate upon reasonable terms a switch connection with any 
such lateral, branch line of railroad, or private side track which may 
be constructed to connect with its railroad, where such connection 
is reasonably practicable and can be put in with safety and will 
furnish sufficient business to justify the construction and maintenance 
of the same; and shall furnish cars for the movement of such traffic to 
the best of its ability without discrimination in favor of or against any 
such shipper. If any common carrier shall fail to install and operate Enforcement, 
any such switch or connection as aforesaid, on application therefor 
in writing by any shipper or owner of such lateral, branch line of 
railroad, such shipper or owner of such lateral, branch line of railroad 
may make complaint to the commission, as provided in section 
thirteen of this Act, and the commission shall hear and investigate 
the same and shall determine as to the safety and practicability 
thereof and justification and reasonable compensation therefor, and 
the commission may make an order, as provided in section fifteen of Post > P- 5 51. 
this Act, directing the common carrier to comply with the provisions 
of this section in accordance with such order, and such order shall 
be enforced as hereinafter provided for the enforcement of all other 
orders by the commission, other than orders for the payment of 
money.” 


27 


REPORT OF THE C03IMISSI0N. 


Common carrier 
to issue receipt or 
bill of lading; 
liable for loss or 
damage to prop¬ 
erty carried. 

Adams Exp. Co. 
v. Cruninger, 226 
U. S„ 49i; C. B. 
& Q. Ry. Co. v. 
Miller, 226 U S., 
513; C. M. & St. 
P. Ry. Co. v. 
Latta, 226 U. S , 
519; Robinson v. 
B. & O. R. R. Co., 
222 U. S., 506. 


1 If any common carrier shall fail to install and operate any 

2 such switch or connection as aforesaid, on application therefor 

3 in writing by any shipper or owner of such lateral, branch 

4 line of railroad, such shipper or owner of such lateral, branch 

5 line of railroad may make complaint to the Commission, as 

6 provided in section seventy-four , and the Commission shall 

7 hear and investigate the same and shall determine as to 

8 the safety and practicability thereof and justification and 

9 reasonable compensation therefor. The Commission may 

10 make an order, as provided in section seventy-six, directing 

11 the common carrier to comply with the provisions of this 

12 section in accordance with such order, and such order 

13 shall be enforced as hereinafter provided for the enforce- 

14 ment of all other orders by the Commission, other than 

15 orders for the payment of money. [29 June, 1906, 34 

16 Stat. L., 585, c. 3591, s. 1. 18 June, 1910, 36 Stat. L., 

17 547, c. 309, s. 7.] 

18 Sec. 8. Any common carrier, railroad, or transpor- 

19 tation company receiving property for transportation from a 

20 point in one State to a point in another State shall issue a 

21 receipt or bill of lading therefor and shall be liable to the 

22 lawful holder thereof for any loss, damage, or injury to such 

23 property caused by it or by any common carrier, railroad, ox- 

24 transportation company to which such property may be 


EXISTING LAW. 


SEC. 8. 

CHAP, 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend¬ 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 

Sec. 7. * * * 

“That any common carrier, railroad, or transportation company 
receiving property for transportation from a point in one State to a 
point in another State shall issue a receipt or bill of lading therefor 
and shall be liable to the lawful holder thereof for any loss, damage, 
or injury to such property caused by it or by any common carrier, 
railroad, or transportation company to which such property may be 
delivered or over whose line or lines such property may pass, and no 
contract, receipt, rule, or regulation shall exempt such common carrier, 
railroad, or transportation company from the liability hereby imposed: 
Provided , That nothing in this section shall deprive any holder of 
such receipt or bill of lading of any remedy or right of action which 
he has under existing law. 


June 29, 1906, 34 
S ta t. L., 584, c. 
3591, s. 7. 


Bills of lading to 
be issued by re¬ 
ceiving carrier. 
Liability for loss. 


Proviso. 

Existing reme¬ 
dies. 


REPORT OF THE COMMISSION. 


1 


2 


8 


4 


5 


6 


7 


8 


9 


10 


11 


12 


13 


14 


Special rates, re- \ 5 
bates, etc., pro¬ 
hibited. 

Interstate Com- i n 
merce Com mis- 1 u 
sion v. Balti¬ 
more, etc., R. „ 
Co., 145 U. S„ 1/ 
263; Cincinnati, 
etc., R. Co. v. In- 
terstate Commerce 18 
Commission, 162 
U. S., 184; Texas, 
etc., R. Co. v. In- ^[0 
terstate Commerce 
Commission, 162 
U. S., 197; Inter- oa 
state Commerce 
Commission v. Ala¬ 
bama Midland R. 

Co., 168 U. S„ 21 
144; Wight v. U. S., 

167 U. S„ 512; 
Louisville, etc., R. 22 
Co. v. Behlmer, 

175 U. S., 648; In¬ 
terstate Commerce 23 
Commission v. 
Baird, 194 U. S., 

25; Kentucky,etc., c\a 
Bridge Co.v. Louis- 


delivered or over whose line or lines such property may pass, 
and no contract, receipt, rule, or regulation shall exempt such 
common carrier, railroad, or transportation company from the 
liability hereby imposed: Provided , That nothing in this 
section shall deprive any holder of such receipt or bill of lading 
of any remedy or right of action which he has under existing 
law. The common carrier, railroad, or transportation company 
issuing such receipt or bill of lading shall be entitled to recover 
from the common carrier, railroad, or transportation company 
on whose line the loss, damage, or injury shall have been 
sustained the amount of such loss, damage, or injury as it 
may be required to pay to the owner of such property, as may 
be evidenced by any receipt, judgment, or transcript thereof. 
[29 June, 1906, 34 Stat. L., 595, c. 3591, s. 7.] 

Sec. 9. If any common carrier subject to the pro¬ 
visions of this chapter shall, directly or indirectly, by any 
special rate, rebate, drawback, or other device, charge, 
demand, collect, or receive from any person or persons a 
greater or less compensation for any service rendered, or to 
be rendered, in the transportation of passengers or property, 
subject to the provisions of this chapter than it charges, 
demands, collects, or receives from any other person or per¬ 
sons for doing for him or them a like and contemporaneous 
service in the transportation of a like kind of traffic under 


30 


EXISTING LAW. 


“That the common carrier, railroad, or transportation company 
issuing such receipt or bill of lading shall be entitled to recover from 
the common carrier, railroad, or transportation company on whose 
line the loss, damage, or injury shall have been sustained the amount 
of such loss, damage, or injury as it may be required to pay to the 
owners of such property, as may be evidenced by any receipt, judg¬ 
ment, or transcript thereof.” 


SEC. 9. 

CHAP. 104.— An Act To regulate commerce. 


Sec. 2. That if any common carrier subject to the provisions of this 
act shall, directly or indirectly, by any special rate, rebate, drawback, 
or other device, charge, demand, collect, or receive from any person or 

E ersons a greater or less compensation for any service rendered, or to 
o rendered, in the transportation of passengers or property, subject to 
the provisions of this act, than it charges, demands, collects, or receives 
from any other person or persons for doing for him or them a like and 
contemporaneous service in the transportation of a like kind of traffic 
under substantially similar circumstances and conditions, such common 
carrier shall be deemed guilty of unjust discrimination, which is hereby 
prohibited and declared to he unlawful. 


Recovery by car¬ 
rier from line 
where loss oc¬ 
curred. 


Feb. 4, 1887, 24 
Stat. L.,379, c. 104, 
s.2; ISupp.,529. 

Special rates, re¬ 
bates, etc., prohib¬ 
ited. 


31 


REPORT OF THE COMMISSION. 


1 substantially similar circumstances and conditions, such 

2 common carrier shall be deemed guilty of unjust discrimina- 

3 tion, which is hereby prohibited and declared to be unlawful. 

4 [4 Feb., 1887, 24 Stat. L., 379, c. 104, s. 2; 1 Supp., 529.] 


ville, etc., It. Co. 

37 Fed. Rep., 567 
Cowan v. Bond, 39 
Fed. Rep., 54 
U. S. v. Tozer, 37 
Fed. Rep., 635 
ib., 39 Fed. Rep. 

369; U. S. v. Dela 
ware, etc., R. Co. 

40 Fed. Rep , 101 
Interstate Com¬ 
merce Commission 

v. Baltimore, etc., R. Co., 43 Fed. Rep., 37; U. S. v. Egan, 47 Fed. Rep., 112; Little Rock, etc., 
R. Co. v. East Tennessee, etc., R. Co., 47 Fed. Rep., 771; Interstate Commerce Commission v. 
Texas, etc., R. Co., 52 Fed. Rep., 187; Ex parte Koehler, 56 Fed. Rep., 434; Bigbee & Warrior 
Rivers P. Co. v. Mobile, etc., R. Co., 60 Fed. Rep., 545; In re Charge to Grand Jury, 66 Fed. Rep., 
146; U. S. v. Hanley, 71 Fed. Rep., 672; Interstate Commerce Commission v. Louisville, etc., 
R. Co., 73 Fed. Rep., 409; Augusta, etc., R. Co. v. Wrightsville, etc., R. Co., 74 Fed. Rep., 522; 
Detroit, etc., R. Co. v. Interstate Commerce Commission, 74 Fed. Rep., 803; Interstate Commerce 
Commission v. Alabama Midland R. Co., 74 Fed. Rep., 715; Kennavey v. Terminal R. Ass’n, 81 
Fed. Rep., 802; U. S. v. De Coursey, 82 Fed. Rep., 302; Gulf, etc., Co. v. Miami S. Co., 86 Fed. 
Rep., 407; Interstate Commerce Commission v. Western, etc., R. Co., 88 Fed. Rep., 186; ib., 93 
Fed. Rep., 83; Interstate Commerce Commission v. East Tennessee, etc., R. Co., 85 Fed. Rep., 
107; U. S. v. Norfolk, etc., R. Co., 109 Fed. Rep., 831; Lehigh Valley R. Co. v. Rainey, 112 Fed. 
Rep., 487; Lundquist v. Grand Trunk, etc., R. Co., 121 Fed. Rep.,.915; U. S. v. Michigan Central 
R. Co., 122 Fed. Rep., 544; Interstate Commerce Commission v. Chesapeake, etc., R. Co., 128 
Fed. Rep., 59; I. C._C. v. D. L. & W. R. R. Co., 220 U. S., 235. 


Undue prefer- ^ 
ences prohibited;- 
exception in case 
of war. p 

Interstate Com- O 
merce Commission 
v. Baltimore, etc., _ 

R. Co., 145 U. S., 7 

263; Cincinnati, 
etc., R. Co. v. In¬ 
terstate Commerce § 
Commission, 162 

U. S., 184; Texas, 
etc., R. Co. v. In- q 

terstate Commerce * 

Commission, 162 
U. S., 197; Inter- ^ 
state Commerce 
Commission v. Ala¬ 
bama Midland R. ^ 
Co., 168 U. S., 144; 11 
East Tennessee, 
etc., R. Co. v. In¬ 
terstate Commerce 12 
Commission, 181 
U. S., 1; Central 

S. Y. Co. v. Louis- i o 
ville, etc., R. Co., ' 
192 U. S., 568; In¬ 
terstate Commerce . 
Commission t). 1^ 
Baird, 194 U. S., 

25; Cutting v. Flor- 

ida R. & N. Co., 15 
30 Fed. Rep., 663; 

Iowa v. Chicago, 
etc., R. Co., 33 1 (4 
Fed. Rep., 391; 
Chicago, etc., R. 

Co. v. Burlington, -t n 
etc., R. Co., 34 1 1 
Fed. Rep., 481; 
Kentucky, etc., * Q 
Bridge Co. v. iO 
Louisville, etc., R. 

Co.. 37 Fed. Rep., 

567; U. S. v. Tozer, 19 
37 Fed. Rep., 635; 
ib., 39 Fed. Rep., 


Sec. 10. It shall be unlawful for any common carrier 
subject to the provisions of this chapter, to make or give 
any undue or unreasonable preference or advantage to any 
particular person, company, firm, corporation, or locality, 
or any particular description of traffic, in any respect what¬ 
soever, or to subject any particular person, company, firm, 
corporation, or locality, or any particular description of 
traffic, to any undue or unreasonable prejudice or disadvan¬ 
tage in any respect whatsoever. Every common carrier 
subject to the provisions of this chapter shall, according 
to their respective powers, afford all reasonable, proper 
and equal facilities for the interchange of traffic between 
their respective lines, and for the receiving, forwarding, 
and delivering of passengers and property to and from their 
several lines and those connecting therewith, and shall not 


32 



EXISTING LAW. 


SEC. 10. 

CHAP. 104.—An Act To regulate commerce. 


Sec. 3. That it shall be unlawful for any common carrier subject to 
the provisions of this act to make or give any undue or unreasonable 
preference or advantage to any particular person, company, firm, cor¬ 
poration, or locality, or any pa' ticular description of t: afFic, in any re¬ 
spect whatsoever, or to subject any particular person, company, firm, 
corporation, or locality, or any pa ticular description of traffic, to any 
undue or umeasonable prejudice or disadvantage in any lespect what¬ 
soever. 

Every common carrier subject to the provisions of this act shall, ac¬ 
cording to their respective powers, afford all reasonable, proper, and 
equal facilities for the interchange of traffic between their respective 
lines, and for the receiving, forwarding, and delivering of passengers 
and property to and from their several lines and those connecting there¬ 
with, and shall not discriminate in their rates and charges between such 
connecting lines; but this shall not be construed as lequi ing any such 
common carrier to give the use of its tracks or terminal facilities to 
another carrier engaged in like business. 

SEC. 10. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend¬ 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 

Sec. 2. 

“That in time of war or threatened war preference a’ d precedence 
shall, upon the demand of the President of the United l tates, be 
given, over all other traffic, to the transportation of troops and 
material of war, and carriers shall adopt every means within their 
control to facilitate and expedite the military traffic.” 


Feb. 4, 1887, 24 
Stat. L., 379, c. 
104, s. 3; I Supp., 
529. 

Undue prefer¬ 
ences to persons, 
localities, and traf¬ 
fic prohibited. 


Equal facilities 
to be afforded con¬ 
necting lines. 


Terminal facili¬ 
ties. 


June 29, 1900, 34 
Stat. L., 587, c. • 
3591, s. 2. 


Military traffic 
in time of war. 


68693 - 14 - 


33 



REPORT OF THE COMMISSION. 


discriminate in their rates and charges between such con¬ 
necting lines. But this shall not be construed as requiring 
any such common carrier to give the use of its tracks or ter¬ 
minal facilities to another carrier engaged in like business: 
Provided, That in time of war or threatened war preference 
and precedence shall, upon the demand of the President 
of the United States, be given, over all other traffic, to the 
transportation of troops and material of war; and carriers 
shall adopt every means within their control to facilitate 
and expedite the military traffic. [4 Feb., 1887, 24 Stat. 
L., 380, c. 104, s. 3; 1 Supp., 529. 29 June, 1906, 34 
Stat. L., 587, c. 3591, s. 2.] 

N. Co. v. Oregon S. L. & U. N. Co., 57 Fed. Rep., 673; Bigbee & Warrior Rivers P. Co. v. Mobile, 
etc., R. Co., 60 Fed. Rep., 545; Interstate Commerce Commission v. Alabama Midland R. Co., 69 
Fed. Rep., 227; ib., 74 Fed. Rep., 715; In re Charge to Grand Jury, 66 Fed. Rep., 146; Interstate 
Commerce Commission v. LouisAdlle, etc., R. Co., 73 Fed. Rep., 409; Augusta, etc., R. Co. v. 

Wrightsville, etc., R. Co., 74 Fed. Rep., 522; Detroit, etc., R. Co. v. Interstate Commerce Com¬ 
mission, 74 Fed. Rep., 803; Prescott, etc., R. Co. v. Atchison, etc., R. Co., 73 Fed. Rep., 438; St. 

Louis Drayage Co. v. Louisville, 65 Fed. Rep., 39; In re Huntington, 68 Fed. Rep., 881; Inter¬ 
state Commerce Commission v. East Tennessee, etc., R. Co., 85 Fed. Rep., 107; Gulf, etc., Co. 
v. Miami S. Co., 86 Fed. Rep., 407; Interstate Commerce Commission v. Western, etc., R. Co., 

88 Fed. Rep., 186; ib., 93 Fed. Rep., 83; Allen & Lewis v. Oregon R. & N. Co., 98 Fed. Rep., 

412; East Tennessee, etc , R. Co. v. Interstate Commerce Commission, 99 Fed. Rep., 52; Inter¬ 
state Commerce Commission v. Southern R. Co., 105 Fed. Rep., 703; ib., 117 Fed. Rep., 741; ib., 

122 Fed. Rep., 800; U. S. v. Norfolk, etc., R. Co., 109 Fed. Rep., 831; Central S. Y. Co. v. Louis¬ 
ville, etc., R. Co., 118 Fed. Rep., 113; Interstate Commerce Commission v. Louisville, etc., R. 

Co., 118 Fed. Rep., 613; Interstate Commerce Commission v. Nashville, etc., Co., 120 Fed. Rep., 

934; Interstate Commerce Commission v. Southern P. R. Co., 123 Fed. Rep., 597; Interstate Com¬ 
merce Commission v. Cincinnati, etc., R. Co., 124 Fed. Rep., 624; U. S. v. West Virginia N. R. 

Co., 125 Fed. Rep., 252; Interstate Commerce Commission v. Chesapeake, etc., R. Co., 128 Fed. 

Rep., 59; C. & A. R. R. Co. v. Kirby, 225 U. S., 155. 


904; ib., 52 Fed. ^ 
Rep., 917; Cowan 
v. Bond, 39 Fed. 

Rep., 54; U. S. v. (\ 

Delaware, etc., R. " 

Co., 40 Fed. Rep., 

101; Little Rock, 0 

etc., R. Co. v. St. O 

Louis, etc., R. Co., 

41 Fed. Rep., 559; 
ib., 59 Fed. Rep., 4 
400; ib., 63 Fed. 
Rep., 775; Inter¬ 
state Commerce K 
Commission v. Bal¬ 
timore, etc., R. 

Co., 43 Fed. Rep., n 
37; N. Y. & N. R. « 
Co. v. N. Y. & N. 

E. R. Co., 50 Fed. _ 

Rep., 867; Oregon / 

S. L. & U. N. R. 

Co. v. Northern 
Pacific R. Co., 51 Q 
Fed. Rep., 465; 
ib., 61 Fed. Rep., 

158; Foster v. Q 
Cleveland, etc., R. 

Co., 56 Fed. Rep., 

434; Interstate < rv 
Commerce Com- 
mission v. Cincin¬ 
nati, etc., R. Co., i 1 
56 Fed. Rep., 925; 11 
Interstate Com¬ 
merce Commission 
v. Texas, etc., R. 12 
Co., 52 Fed. Rep., 

187; Ilwaco R. & 


Charge for short 
haul not more than 
for long haul. 

Cincinnati, etc., 
R. Co. v. Inter¬ 
state Commerce 
Commission, 162 
U. S., 184; Texas, 
etc., R. Co. v. In¬ 
terstate Commerce 
Commission, 162 
U. S., 197; Par¬ 
sons v. Chicago, 
etc., R. Co., 167 
U. S., 447; Wight 
v. U. S., 167 U. S., 
512; Interstate 
Commerce Com- 


13 

14 

15 

16 

17 

18 


Sec. 11. It shall be unlawful for any common carrier 
subject to the provisions of this chapter to charge or receive 
any greater compensation in the aggregate for the transpor¬ 
tation of passengers, or of like kind of property, for a shorter 
than for a longer distance over the same line or route in the 
same direction, the shorter being included within the longer 


34 


EXISTING LAW. 


SEC. 11. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 8. 


Sec. 8. That section four of said Act to regulate commerce be Long and short 
amended so as to read as follows: hauls 

“Sec. 4. That it shall be unlawful for any common carrier subject ame nded ’ P ’ ’ 
to the provisions of this Act to charge or receive any greater com- Aggregate 
pensation in the aggregate for the transportation of passengers, or charge for shorter 
of like kind of property, for a shorter than for a longer distance over j 10t „g° distance 
the same line or route in the same direction, the shorter being included Qve/same route. 06 
within the longer distance, or to charge any greater compensation 
as a through route than the aggregate of the intermediate rates sub- Nor t0 equal, 
ject to the provisions of this Act; but this shall not be construed as 


35 


REPORT OF THE COMMISSION. 


missi°n r.(D etr oit, i distance, or to charge any greater compensation as a through 

U. S., 633; Inter- 

Commiss?oZ m ATa e - 2 route than the aggregate of the intermediate rates subject 

bama Midland R. 


Co., 168 U. S., 44; Q 

Louisville, etc., R. o 

Co. v. Behlmer, 

175 U. S., 648; 

East Tennessee, 4 

etc., R. Co. v. In¬ 
terstate Commerce 
Commission, 181 K 

U. S., 1; Inter¬ 
state Commerce 
Commission t. n 

Clyde S. Co., 181 ° 

U. S., 29; Inter¬ 
state Commerce — 

Commissions. < 
Louisville, etc., R. 

Co., 190 U. S., 273; 

Ex parte Koehler, 3 
31 Fed. Rep., 315; 
Missouri Pac. R. 

Co. v. Texas, etc., Q 

R. Co., 31 Fed. 
Rep., 862; Junods. 
Chicago, etc., R. i r\ 
Co., 47 Fed. Rep., 

290; Osborne v. 
Chicago, etc., R. ^ 

Co., 48 Fed. Rep., 11 

49; Interstate Com¬ 
merce Commission 
v. Atchison, etc., 12 
R. Co., 50 Fed. 
Rep., 295; Chi¬ 
cago, etc., R. Co. 1 9 
v. Osborne, 52 Fed. 
Rep., 912; U. S. 
v. Mellen, 53 Fed. -j a 
Rep., 229; Inter- 
state Commerce 
Commissions. 
Cincinnati, etc., 15 
R. Co., 56 Fed. 
Rep., 925; Par¬ 
sons s. Chicago, 16 

etc., R. Co., 63 

Fed. Rep., 903; 
Interstate Com- 1 W 
merce Commission 
s. Alabama Mid¬ 
land R. Co., 69 -i n 

Fed. Rep., 227; I® 
ib., 74 Fed. Rep., 

715; Behlmer s. ~ 

Louisville, etc., R. 19 
Co., 71 Fed. Rep., 

835; ib., 83 Fed. 

Rep., 898; Detroit, 20 
etc., R. Co. s. In¬ 


to the provisions of this chapter; but this shall not be con¬ 
strued as authorizing any common carrier within the terms 
of this chapter to charge or receive as great compensation for 
a shorter as for a longer distance: Provided, however, That 
upon application to the Interstate Commerce Commission, 
such common carrier may, in special cases, after investigation, 
be authorized by the Commission to charge less for longer 
than for shorter distances for the transportation of passengers 
or property; and the Commission may from time to time pre¬ 
scribe the extent to which such designated common carrier 
may be relieved from the operation of this section : Provided 
further, That no rates lawfully existing at the time of the 
passage of this Act shall be required to be changed by reason 
of the provisions of this section in any case where application 
shall have been filed before the Commission in accordance 
with the provisions of this section, until a determination of 
such application by the Commission. [4 Feb., 1887, 24 
Stat. L., 380, c. 104, s. 4; 1 Supp., 530. 18 June, 1910, 


terstate Commerce 

STT”; m -, 21 36 stat. L -> 547, c - 309 > s - 8 -] 

Brewer v. Central, 

etc., R. Co., 84 Fed- Rep., 258; Interstate Commerce Commission v. East Tennessee, etc., R. Co., 
85 Fed. Rep., 107; Interstate Commerce Commission v. Western, etc., R. Co., 88 Fed. Rep., 186; 
ib., 93 Fed. Rep., 83; Louisville, etc., R. Co. v. Interstate Commerce Commission, 108 Fed. Rep., 
988; Interstate Commerce Commission v. Southern R. Co., 117 Fed. Rep., 741; ib., 122 Fed. Rep., 
800: Interstate Commerce Commission v. Nashville, etc., R. Co., 120 Fed. Rep. ,934; U. S. v. A. T. 
& S. F. Ry. Co., 234 U. S., 476. 


36 


EXISTING LAW. 


authorizing any common carrier within the terms of this Act to 
charge or receive as great compensation for a shorter as for a longer 
distance: Provided, however, That upon application to the Interstate 
Commerce Commission such common carrier may in special cases, 
after investigation, be authorized by the commission to charge less 
for longer than for shorter distances for the transportation of pas¬ 
sengers or property; and the commission may from time to time pre¬ 
scribe the extent to which such designated common carrier may be 
relieved from the operation of this section: Provided further, That 
no rates or charges lawfully existing at the time of the passage of this 
amendatory Act shall be required to be changed by reason of the 
provisions of this section prior to the expiration of six months after 
the passage of this Act, nor in any case where application shall have 
been filed before the commission, in accordance with the provisions 
of this section, until a determination of such application by the 
commission. 


Provisos. 
Allowance i n 
special cases. 


Temporary con¬ 
tinuance of pres¬ 
ent rates. 


Applications for 
changes. 


37 


REPORT OF THE COMMISSION. 


Competition 
with water routes; 
increase of reduced 
rates restricted. 


Pooling of 
freight or earn¬ 
ings with others 
prohibited. 

U. S. v. Joint 
Traffic Assn., 76 
Fed. Rep., 895; 
ib., 171 U. S., 505; 
Interstate Com¬ 
merce Commission 
v Baird, 194 U. S., 
25; In re Pooling 
Freights, 115 Fed. 
Rep., 588; Inter¬ 
state Commerce 
Commission v. 
Southern Pac. Co., 
132 Fed. Rep., 829. 


For railroad to 
own, etc., com¬ 
peting water car¬ 
rier operating 
through Panama 
Canal or elsewhere, 
unlawful after. 


1 Sec. 12. Whenever a carrier by railroad shall in 

2 competition with a water route or routes reduce the rates on 

3 the carriage of any species of freight to or from competitive 

4 points, it shall not be permitted to increase such rates unless 

5 after hearing by the Interstate Commerce Commission it 

6 shall be found that such proposed increase rests upon changed 

7 conditions other than the elimination of water competition. 

8 [18 June, 1910, 36 Stat. L., 548, c. 309, s. 8.] 

9 Sec. 13. It shall be unlawful for any common carrier 

10 subject to the provisions of this chapter to enter into any 

11 contract, agreement, or combination with any other common 

12 carrier or carriers for the pooling of freights of different and 

13 competing railroads, or to divide between them the aggregate 

14 or net proceeds of the earnings of such railroads, or any por- 

15 tion thereof; and in any case of an agreement for the pooling 

16 of freights as aforesaid, each day of its continuance shall be 

17 deemed a separate offense. [4 Feb., 1887, 24 Stat. L., 380, 

18 c. 104, s. 5; 1 Supp., 530.] 

19 Sec. 14. It shall be unlawful for any railroad com- 

20 pany or other common carrier subject to the provisions of this 

21 chapter and of chapter two of this Act to own, lease, operate, 

22 control, or have any interest whatsoever (by stock ownership 

23 or otherwise, either directly, indirectly, through any holding 

24 company, or by stockholders or directors in common, or in 


38 


EXISTING LAW. 


SEC. 12. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544* 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 8. 

Sec. 8. 

“Whenever a carrier by railroad shall in competition with a water Competition 
route or routes reduce the rates on the carriage of any species of freight water routes, 
to or from competitive points, it shall not be permitted to increase du^d»t«re' 
such rates unless after hearing by the Interstate Commerce Com- stricted. 
mission it shall be found that such proposed increase rests upon 
changed conditions other than the elimination of water competi¬ 
tion.” 


SEC. 13. 


CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887, 24 

Stat. L., 379, c. 
104, e. 5; I Supp., 
529. 

Sec. 5. That it shall be unlawful for any common carrier subject to Pooling of 
the provisions of this act to enter into any cont act, agreement, or com- ?[. e£ j rn * 

bination with any other common carrier or carriers for the pooling of mgs prohlblted ' 
freights of different and competing railroads, or to divide between them 
the aggregate or net proceeds of the earnings of such railroads, or any 
portion thereof; and in any case of an agreement for the pooling of 
freights as aforesaid, each day of its continuance shall be deemed a 
separate offense. 


SEC. 14. 


CHAP. 390.—An Act To provide for the opening, maintenance, protection, and opera¬ 
tion of the Panama Canal, and the sanitation and government of the Canal Zone. 

Sec. 11 . That section five of the Act to regulate commerce, 
approved February fourth, eighteen hundred and eighty-seven, as 
heretofore amended, is hereby amended by adding thereto a new 
paragraph at the end thereof, as follows: 

“From and after the first day of July, nineteen hundred and four¬ 
teen, it shall be unlawful for any railroad company or other common 
carrier subject to the Act to regulate commerce to own, lease, operate, 
control, or have any interest whatsoever (by stock ownership or other¬ 
wise, either directly, indirectly, through any holding company, or by 
stockholders or directors in common, or in any other manner) in any 
common carrier by water operated through the Panama Canal or 
elsewhere with which said railroad or other carrier aforesaid does or 


Aug. 24, 1912, 37 
Stat. L., pp. 566- 
568, 8. 11. 

Interstate com¬ 
merce regulations. 

Vol. 24, p. 380, 
amended. 

For railroad to 
own, etc., com¬ 
peting water car¬ 
rier operating 
through Panama 
Canal or elsewhere, 
unlawful after July 
1, 1914. 


39 


REPORT OF THE COMMISSION. 


Interstate Com¬ 
merce Commission 
to determine fact 
of competition. 

Hearings. 


1 any other manner) in any common carrier by water operated 

2 through the Panama Canal or elsewhere with which said 

3 railroad or other carrier aforesaid does or may compete for 

4 traffic or any vessel carrying freight or passengers upon said 

5 water route or elsewhere with which said railroad or other 

6 carrier aforesaid does or may compete for traffic; and in case 

7 of the violation of this provision each day in which such viola- 

8 tion continues shall be deemed a separate offense. [24 

9 Aug., 1912, 37 Stat. L., 566, 568, c. 390, s. 11.] 

10 Sec. 15. Jurisdiction is hereby conferred on the 

11 Interstate Commerce Commission to determine questions of 

12 fact as to the competition or possibility of competition, after 

13 full hearing, on the application of any railroad company or 

14 other carrier. Such application may be filed for the purpose 

15 of determining whether any existing service is in violation 

16 of sections thirteen and fourteen and pray for an order per- 

17 mitting the continuance of any vessel or vessels already 

18 in operation, or for the purpose of asking an order to 

19 install new service not in conflict with the provisions of 

20 the preceding section. The commission may on its own 

21 motion or the application of any shipper institute proceedings 


40 


EXISTING LAW. 


may compete for traffic or any vessel carrying freight or passengers 
upon said water route or elsewhere with which said railroad or other 
carrier aforesaid does or may compete for traffic; and in case of the 
violation of this provision each day in which such violation continues 
shall be deemed a separate offense.” 


SEC. 15. 

CHAP. 390.—An Act To provide for the opening, maintenance, protection, and opera- Aug. 24, 1912, 37 
tion of the Panama Canal, and the sanitation and government of the Canal Zone. Stat. L., pp. 566- 

568, s. 11. 

Sec. 11. 

Jurisdiction is hereby conferre 1 on the Interstate Commerce Com- Intn-.-tate Com¬ 
mission to determine Questions of fact as to the competition or possi- ^^etermi^fac^ 
bility of competition, after full hearing, on the application of any rail- 0 f competition, 
road company or other carrier. Such application may be filed for the Hearings, 
purpose of determining whether any existing service is in violation of 
this section and pray for an order permitting the continuance of any 
vessel or vessels already in operation, or for the purpose of asking an 
order to install new service not in conflict with the provisions of this 
paragraph. The commission may on its own motion or the applica¬ 
tion of any shipper institute proceedings to inquire into the operation 
of any vessel in use by any railroad or other carrier which has not 
applied to the commission and had the question of competition or the 
possibility of competition determined as herein provided. In all such 
cases the order of said commission shall be final. 


08693—14-0 


41 


j 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

Continuation of H 
water service if 
competition not 
excluded, etc. g 

9 

10 

11 

12 

13 

14 

15 

16 

Rates, schedules, 1 n 
etc., required, if 
service extended. 

18 

19 

20 
21 


22 


Proviso. 

Application for 
extension of serv¬ 
ice. 


23 

24 


to inquire into the operation of any vessel in use by any rail¬ 
road or other carrier which has not applied to the commission 
and had the question of competition or the possibility of 
competition determined as herein provided. In all such 
cases the order of said commission shall be final. [24 Aug., 
1912, 37 Stat. L., 566, 568, c. 390, s. 11.] 

Sec. 16. If the Interstate Commerce Commission 
shall be of the opinion that any such existing specified service 
by water other than through the Panama Canal is being 
operated in the interest of the public and is of advantage to 
the convenience and commerce of the people, and that such 
extension will neither exclude, prevent, nor reduce compe¬ 
tition on the route by water under consideration, the Inter¬ 
state Commerce Commission may, by order, extend the time 
during which such service by water may continue to be 
operated beyond July first, nineteen hundred and fourteen. 
In every case of such extension the rates, schedules, and prac¬ 
tices of such water carrier shall be filed with the Interstate 
Commerce Commission and shall be subject to the 'provisions 
of this chapter and of chapter two of this Act in the same 
manner and to the same extent as is the railroad or other 
common carrier controlling such water carrier or interested 
in any manner in its operation: Provided, Any application 
for extension under the terms of this provision filed with the 


42 


EXISTING LAW. 


SEC. 16. 

CHAP. 390.—An Act To provide for the opening, maintenance, protection, and opera¬ 
tion of the Panama Canal, and the sanitation and government of the Canal Zone. 

Sec. 11. 

If the Interstate Commerce Commission shall be of the opinion 
that any such existing specified service by water other than through 
the Panama Canal is being operated in the interest of the public and 
is of advantage to the convenience and commerce of the people, and 
that such extension will neither exclude, prevent, nor reduce compe¬ 
tition on the route by water under consideration, the Interstate Com¬ 
merce Commission may, by order, extend the time during which such 
service by water may continue to be operated beyond July first, nine¬ 
teen hundred and fourteen. In every case of such extension the rates, 
schedules, and practices of such water carrier shall be filed with the 
Interstate Commerce Commission and shall be subject to the act to 
regulate commerce and all amendments thereto in the same manner 
and to the same extent as is the railroad or other common carrier 
controlling such water carrier or interested in any manner in its oper¬ 
ation: Provided , Any application for extension unaer the terms of 
this provision filed with the Interstate Commerce Commission prior 
to July first, nineteen hundred and fourteen, but for any reason not 
heard and disposed of before said date, may be considered and granted 
thereafter. 


Aug. 24, 1912, 37 
Stat. L., pp. 566- 
568, s. 11. 

Continuation of 
water service if 
competition not 
excluded, etc. 


Rates, sched 
u 1 e s , e t c ., re¬ 
quired, if service 
extended. 


Proviso. 

Application for 
extension of serv¬ 
ice. 


43 


Use of canal for¬ 
bidden to ships 
owned, etc., in 
violation of anti¬ 
trust laws. 


REPORT OF THE COMMISSION. 

1 Interstate Commerce Commission prior to July first, nineteen 

2 hundred and fourteen, but for any reason not heard and 

3 disposed of before said date, may be considered and granted 

4 thereafter. [24 Aug., 1912, 37 Stat. L., 566, 568, c. 390, 

5 s. 11.] 

6 Sec. 17. No vessel permitted to engage in the coast- 

7 wise or foreign trade of the United States shall be permitted 

8 to enter or pass through said canal if such ship is owned, 

9 chartered, operated, or controlled by any person or company 

10 which is doing business in violation of the provisions of the 

11 Act of Congress approved July second, eighteen hundred and 

12 ninety, entitled “An Act to protect trade and commerce 

13 against unlawful restraints and monopolies, ’ i or the provisions 

14 of the Act of Congress approved October fifteenth, nineteen 

15 hundred and fourteen, entitled “An Act to supplement 

16 existing laws against unlawful restraints and monopolies, 

17 and for other purposes, ’ ’ or the provisions of sections seventy- 

18 three to seventy-seven, both inclusive, of an Act approved 

19 August twenty-seventh, eighteen hundred and ninety-four, 

20 entitled “ An Act to reduce taxation, to provide revenue for 

21 the Government, and for other purposes,” or the provisions 

22 of any other Act of Congress amending or supplementing 

23 the said Act of July second, eighteen hundred and ninety, 

24 commonly known as the Sherman Antitrust Act, and amend- 


44 


EXISTING LA AY. 


SEC. 17. 

CHAP. 390.—An Act To provide for the opening, maintenance, protection, and opera¬ 
tion of the Panama Canal, and the sanitation and government of the Canal Zone. 

Sec. 11. 

No vessel permitted to engage in the coastwise or foreign trade of 
the United States shall be permitted to enter or pass through said 
canal if such ship is owned, chartered, operated, or controlled by any 
person or company which is doing business in violation of the provi¬ 
sions of the Act of Congress approved July second, eighteen hundred 
and ninety, entitled “An Act to protect trade and commerce against 
unlawful restraints and monopolies,” or the provisions of sections 
seventy-three to seventy-seven, both inclusive, of an Act approved 
August twenty-seventh, eighteen hundred and ninety-L ur, entitled 
“An Act to reduce taxation, to provide revenue for the Government, 
and for other purp ses,” or the provisions of any other Act of Con¬ 
gress amending or supplementing the said Act < f July second, eighteen 
hunared and ninety, comn omy known as the Shern an Antitrust Act, 
and an endm ents thereto, or said sections of the Act of August twenty- 
seventh, eighteen hundred and ninety-four. The question of fact 
may be detern ined by the judgment of any court of the United States 
of competent jurisdiction in any cause pending before it to which the 
owners or operators of such ship are parties. Suit nay be brought 
by any shipper or by the Attorney General of the United States. 


Aug. 24, 1912, 37 
Stat. L., pp. 566- 
568, s. 11. 

Use of canal for¬ 
bidden to ships 
owned, etc., in vio¬ 
lation of antitrust 
laws. 

Vol. 26, p. 209. 


Vol. 28, p. 570. 


D e t e rmination 
of fact. 


45 


REPORT OF THE COMMISSION. 


Determination 
of fact. 


Free carriage not 
prevented, when; 
may issue inter¬ 
changeable mile¬ 
age tickets. 

Interstate Com¬ 
merce Commission 
v. Baltimore, etc., 
R. Co., 145 U. S., 
263; ib., 43 Fed. 
Rep., 45; Ex parte 
Koehler, 31 Fed. 
Rep., 315; 18 A. G. 
Op., 587. 


1 ments thereto, or said sections of the Act of August twenty- 

2 seventh, eighteen hundred and ninety-four. The question 

3 of fact may be determined by the judgment of any court of 

4 the United States of competent jurisdiction in any cause 

5 pending before it to which the owners or operators of such 

6 ship are parties. Suit may be brought by any shipper or by 

7 the Attorney General of the United States. [24 Aug., 1912, 

8 37 Stat. L., 566, 568, c. 390, s. 11.] 

9 Sec. 18. Nothing in this chapter or in chapter two 

10 of this Act shall prevent the carriage, storage, or handling 

11 of property free or at reduced rates,— 

12 Bor the United States, State, or municipal governments. 

13 Or for charitable purposes, 

14 Or to or from fairs and expositions for exhibition thereat; 

15 Or the issuance of mileage, excursion or commutation 

16 passenger tickets; 

17 Or the issuance of joint interchangeable five-thousand- 

18 mile tickets, with special privileges as to the amount of 

19 free baggage that may be carried under mileage tickets of 

20 one thousand or more miles. But before any common carrier, 

21 subject to the provisions of this chapter shall issue any such 

22 joint interchangeable mileage tickets with special privileges, 

23 as aforesaid, it shall file with the Interstate Commerce Com- 

24 mission copies of the joint tariffs of rates, fares, or charges 


40 


EXISTING LAW. 


SEC. 18. 

CHAP. 104.—An Act To regulate commerce. 


Sec. 22. That nothing in this act shall apply to the carriage, storage, 
or handling of property free or at reduced rates for the I nited States, 
State, or municipal governments, or for charitable purposes, or to or 
from fairs and expositions for exhibition thereat, or the issuance of mile¬ 
age, excursion, or commutation passenger tickets; nothing in this act 
shall be construed to prohibit any common carrier from giving reduced 
rates to ministers of religion; nothing in this act shall be construed to 
prevent railroads from giving free carriage to their own officers and em¬ 
ployees, or to prevent the principal officers of any railroad company or 
companies from exchanging pcisses or tickets w ith other railroad compa¬ 
nies for their officers and employees; and nothing in this act contained 
shall in any way abridge or alter the remedies now existing at common 
law’ or by statute, but the provisions of this act are m addition to such 
remedies: Provided, That no pending litigation shall in any way be 
affected by this act. 

SEC. 18. 

CHAP, 382.—An Act To amend an Act entitled “An Act to regulate commerce,” ap¬ 
proved February fourth, eighteen hundred and eighty-seven. 


Sec. 9. That section twenty-tw r o of said act is hereby amended so 
as to read as follows: 

“Sec. 22. That nothing in this act shall prevent the carriage, stor¬ 
age, or handling of property free or at reduced rates for the United 
States, State, or municipal governments, or for charitable purposes, 
or to or from fairs and expositions for exhibition thereat, or the free 
carriage of destitute and homeless persons transported by charitable 
societies, and the necessary agents employed in such transportation, 
or the issuance of mileage, excursion, or commutation passenger 
tickets; nothing in this act shall be construed to prohibit any com¬ 
mon carrier from giving reduced rates to ministers of religion, or to 
municipal governments for the transportation of indigent persons, 
or to inmates of the National Homes or State Homes for Disabled 
Volunteer Soldiers and of Soldiers’ and Sailors’ Orphan Homes, in¬ 
cluding those about to enter and those returning home after dis¬ 
charge, under arrangements with the boards of managers of said 


Feb. 4, 1887, 24 
Stat. L., 379, c. 
104; I Supp., 529, 
s. 22. 

Except ions to 
provisions of this 
act. 


Proviso. 

Pending litiga¬ 
tion not affected. 


Mar. 2, 1889, 25 
Stat. L., 855, 863, 
c. 382; I Supp., 
690, s. 9. 

Amendments to 
section 22. 

Vol. 24, p. 387. 

Except ions to 
provisions of the 
act. 

Extension. 


47 


REPORT OF THE COMMISSION. 


No greater or less 
compensation to be 
demanded for in- 
terchangea ble 
mileage than joint 
rate. 


1 on which such joint interchangeable mileage tickets are to 

2 be based, together with specifications of the amount of free 

3 baggage permitted to be carried under such tickets, in the 

4 same manner as common carriers are required to do with 

5 regard to other joint rates by section twenty of this Act; and 

6 all the provisions of sections twenty, twenty-one, twenty- 

7 two, and twenty-three, relating to joint rates, fares and 

8 charges shall be observed by said common carriers and en- 

9 forced by the Interstate Commerce Commission as fully with 

10 regard to such joint interchangeable mileage tickets as 

11 with regard to other joint rates, fares, and charges referred 

12 to in said section. [4 Feb., 1887, 24 Stat. L., 387, c. 104, 

13 s. 22. 2 Mar., 1889, 25 Stat. L., 862, c. 382, s. 9; 1 Supp., 

14 690. 8 Feb., 1895, 28 Stat. L., 643, c. 61, 2 Supp., 369. 

15 29 June, 1906, 34 Stat. L., 585, c. 3591, s. 1.] 


16 Sec. 19. It shall be unlawful for any common carrier 

17 that has issued or authorized to be issued any such joint 

18 interchangeable mileage tickets to demand, collect, or receive 

19 from any person or persons a greater or less compensation for 

20 transportation of persons or baggage under such joint inter- 

21 changeable mileage tickets than that required by the rate, 


48 


EXISTING LAW. 


homes; nothing in this act shall be construed to prevent railroads Officers and em- 
from giving free carriage to their own officers and employees, or to Payees, 
prevent the principal officers of any railroad company or companies 
from exchanging passes or tickets with other railroad companies 
for their officers and employees; and nothing in this act contained 
shall in any way abridge or alter the remedies now existing at com¬ 
mon law or by statute, but the provisions of this act are in addition Proviso. 
to such remedies: Provided, That no pending litigation shall in any . Pendmg lltlga * 
way be affected by this act.” 

SEC. 18. 

CHAP. 61.—An Act To amend section twenty-two of an Act to regulate commerce, Feb. 8, 1895, 28 

as amended March second, eighteen hundred and eighty-nine. Stat. L., 643, c. 61; 

II Sapp., 369. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That section twenty-two of an Interstate com- 
Act to regulate commerce, approved February fourth, eighteen hundred “Educed rates 
and eighty-seven, and as amended March second, eighteen hundred and etc ‘ ’ 

eighty-nine, be, and is hereby, amended by adding thereto the following Vol. 24, p. 389; 
proviso: Vol. 25, p. 862. 

11 Provided further, That nothing in this Act shall prevent the issu- Interchangeable 
ance of joint interchangeable five-thousand-mile tickets, with special mil eage tickets, 
privileges as to the amount of free baggage that may be carried under 
mileage tickets of one thousand or more miles. But before any com¬ 
mon carrier, subject to the provisions of this Act, shall issue any such 
joint interchangeable mileage tickets with special privileges, as afore¬ 
said, it shall file with the Interstate Commerce Commission copies of Copies of rates, 
the joint tariffs of rates, fares, or charges on which such joint inter- etc - 
changeable mileage tickets are to be based, together with specifications 
of the amount of free baggage permitted to be carried under such 
tickets, in the same manner as common carriers are required to do with 
regard to other joint rates by section six of this Act; and all the pro- Regulations, etc. 
visions of said section six relating to joint rates, fares, and charges Vol. 25, p. 855. 
shall be observed by said common carriers and enforced by the Inter¬ 
state Commerce Commission as fully with regard to such joint inter¬ 
changeable mileage tickets as with regard to other joint rates, fares, and 
charges referred to in said section six. * * * 


SEC. 19. 

♦ .S 

CHAP. 61.—An Act To amend section twenty-two of an Act to regulate commerce, Feb. 8, 1895, 28 
as amended March second, eighteen hundred and eighty-nine. Stat. L., 643, c. 61; 

II Supp., 369. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That section twenty-two of an Interstate com- 
Act to regulate commerce, approved February fourth, eighteen hun- m ^gj uce( j rates> 
dred and eighty-seven, and as amended March second, eighteen hun- e ^ c 
dred and eighty-nine, be, and is hereby, amended by adding thereto Vol. 24, p. 389; 
the following proviso: ' . Vd. 25, p. 862. 

“* * * It shall be unlawful for any common carrier that has 

issued or authorized to be issued any such joint interchangeable mile¬ 
age tickets to demand, collect, or receive from any person or persons a 
greater or less compensation for transportation of persons or baggage 
under such joint interchangeable mileage tickets than that required by 


68693—14 


49 



REPORT OF THE COMMISSION. 


Carrier to print 
and keep posted in 
depots schedules of 
rates and fares. 

Interstate Com¬ 
merce Commission 
v. Detroit, etc., R. 
Co., 167 U. S., 663; 
Gulf, etc., v. Hef- 
ley, 158 U. S., 98; 
U. S. v. Howell, 56 
Fed. Rep., 21; U. 
S. v. Hanley, 71 
Fed. Rep., 672; 
and Patten v. 
Chicago, etc., R. 
Co., 81 Fed. Rep., 
544; Interstate 
Commerce Com¬ 
mission v. Chicago, 
etc., R. Co., 103 
Fed. Rep., 249; 
ib., 186 U. S. 


1 fare, or charge specified in the copies of the joint tariff of 

2 rates, fares, or charges filed with the Commission in 

3 force at the time. The provisions of section thirty-four 

4 shall apply to any violation of the requirements of this 

5 or of the section last preceding. [4 Feb., 1887, 24 Stat. 

6 L., 387, c. 104, s. 22. 8 Feb., 1895, 28 Stat. L., 643, 

7 c. 61; 2 Supp., 370.] 

8 Sec. 20. Every common carrier subject to the pro- 

9 visions of this chapter shall file with the Interstate Commerce 

10 Commission and print and keep open to public inspection 

11 schedules showing all the rates, fares, and charges for trans- 

12 portation between different points on its own route and be- 

13 tween points on its own route and points on the route of any 

14 other carrier by railroad, by pipe line, or by water, when a 

15 through route and joint rate have been established. If no 

16 joint rate over the through route has been established, the 

17 several carriers in such through route shall file, print and 

18 keep open to public inspection as aforesaid, the separately 

19 established rates, fares and charges applied to the through 

20 transportation. The schedules jirinted as aforesaid by any 

21 such common carrier shall plainly state the places between 

22 which property and passengers will be carried, and shall 

23 contain the classification of freight in force, and shall also 

24 state separately all terminal charges, storage charges, icing 


50 


EXISTING LAW. 


the rate, fare, or charge specified in the copies of the joint tariff of 
rates, fares, or charges filed with the Commission in force at the time. 

The provisions of section ten of this Act shall apply to any violation Violations, 
of the requirements of this proviso.” Vol. 25, p. 857. 

Approved, February 8, 1S95. 


SEC. 20. 


CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 

approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S ta t. L., 584, c. 

atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 2. 

Sec. 2. That section six of said Act, as amended March second, Schedules, 
eighteen hundred and eighty-nine, be amended so as to read as follows: yj} 0 ^ 2 |’ 380; 

“Sec. G. That every common carrier subject to the provisions of Rates and °joint 
this Act shall file with the Commission created by this Act and print rates to be filed 
and keep open to public inspection schedules showing all the rates, and posted, 
fares, and charges for transportation between different points on its amended 5, P- 855> 
own route and between points on its own route and points on the route 
of any other carrier by railroad, by pipe line, or by water when a through 
route and joint rate have been established. If no joint rate over the Connecting 
through route has been established, the several carriers in such through roads, 
route shall file, print and keep open to public inspection as aforesaid, 
the separately established rates, fares and charges applied to the through 
transportation. The schedules printed as aforesaid by any such com- Details required, 
mon carrier shall plainly state the places between which property and 
passengers will be carried, and shall contain the classification of freight 
in force, and shall also state separately all terminal charges, storage 
charges, icing charges, and all other charges which the Commission 
may require, all privileges or facilities granted or allowed and any 
rules or regulations which in any wise change, affect, or determine 
any part or the aggregate of such aforesaid rates, fares, and charges, 
or the value of the service rendered to the passenger, shipper, or con¬ 
signee. Such schedules shall be plainly printed in large type, and 
copies for the use of the public shall be kept posted in two public and 
conspicuous places in every depot, station, or office of such carrier 
where passengers or freight, respectively, are received for transpor¬ 
tation, in such form that they shall be accessible to the public and can 
be conveniently inspected. The provisions of this section shall apply Application of 
to all traffic, transportation, and facilities defined in this Act.” section. 


SEC. 20. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 9. 


Sec. 9. That section six of said Act to regulate commerce, as here- Schedules of 
tofore amended, is hereby now amended by adding four new para- rat ^ s > et 9 c - 
graphs at the end thereof, as follows: * * * Vol° ’25 

“The commission may reject and refuse to file any schedule that Vol! 34,’ 
is tendered for filing which does not provide and give lawful notice amended, 
of its effective date, and any schedule so rejected by the commission Schedules not 
shall be void and its use shall bo unlawful.” * * * SiteuriawM? 1 ™ 

51 


p. 382; 
p. 855; 
p. 587, 


REPORT OF THE COMMISSION. 

1 charges, and all other charges which the Commission may 

2 require, all privileges or facilities granted or allowed and any 

3 rules or regulations which in any wise change, affect, or 

4 determine any part or the aggregate of such aforesaid rates, 

5 fares, and charges, or the value of the service rendered to 

6 the passenger, shipper, or consignee. Such schedules shall 

7 be plainly printed in large type, and copies for the use of the 

8 public shall be kept posted in two public and conspicuous 

9 places in every depot, station, or office of such carrier where 

10 passengers or freight, respectively, are received for transpor- 

11 tation, in such form that they shall be accessible to the 

12 public and can be conveniently inspected. The Commission 

13 may reject and refuse to file any schedule that is tendered 

14 for filing which does not provide and give lawful notice of 

15 its effective date, and any schedule so rejected by the Com- 

16 mission shall be void and its use shall be unlawful. The pro- 

17 visions of this section shall apply to all traffic, transportation, 

18 and facilities defined in this chapter. [4 Feb., 1887, 24 

19 Stat. L., 380, c. 104, s. 6. 2 Mar., 1889, 25 Stat. L., 855, 

20 c. 382, s. 1; 1 Supp., 684. 29 June, 1906, 34 Stat. L., 

21 586, c. 3691, s. 2. 18 June, 1910, 36 Stat. L., 548, c. 309, 

22 s. 9.] 


52 




















EXISTING LAW. 











































































' 







































































- 



























































X - 



















































5 $ 


















REPORT OF THE COMMISSION. 


Carrier carrying 
freight through 
foreign country to 
print and keep 
posted schedule 
of rates. 


No change to be 
made in rates and 
fares except after 
30 days’ notice. 

U. S. v. Michi¬ 
gan Central R. Co., 
43 Fed. Rep., 26; 
11.8.1). Hanley, 71 
Fed. Rep., 672. 


1 Sec. 21. Any common carrier subject to the provisions 

2 of this chapter receiving freight in the United States to be 

3 carried through a foreign country to any place in the United 

4 States shall also in like manner print and keep open to public 

5 inspection, at every depot or office where such freight is 

6 received for shipment, schedules showing the through rates 

7 established and charged by such common carrier to all points 

8 in the United States beyond the foreign country to which it 

9 accepts freight for shipment; and any freight shipped from 

10 the United States through a foreign country into the United 

11 States the through rate on which shall not have been made 

12 public, as required by this chapter , shall, before it is admitted 

13 into the United States from said foreign country, be subject 

14 to customs duties as if said freight were of foreign production. 

15 [4 Feb., 1887, 24 Stat. L., 380, c. 104, s. 6. 2 Mar., 1889, 

16 25 Stat. L., 855, c. 382, s. 1; 1 Supp., 684. 29 June, 1906, 

17 34 Stat. L., 586, c. 3691, s. 2.] 

18 Sec. 22. No change shall be made in the rates, fares, 

19 and charges or joint rates, fares, and charges which have been 

20 filed and published by any common carrier in compliance 

21 with the requirements of the two sections last preceding, 

22 except after thirty days’ notice to the Commission and to 

23 the public, published as aforesaid, which shall plainly state 

24 the changes proposed to be made in the schedule then in 


54 


EXISTING LAW. 


SEC. 21. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S ta t. L.’, 584’ c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 2. 

Sec. 2. * * * 

. Aiiy common carrier subject to the provisions of this Act receiving Rates through 
freight in the United States to be carried through a foreign country foreign countries, 
to any place in the United States shall also in like manner print and 
keep open to public inspection, at every depot or office where such 
freight is received for shipment, schedules showing the through rates 
established and charged by such common carrier to all points in the 
United States beyond the foreign country to which it accepts freight 
for shipment; and any freight shipped from the United States through Customs duty 
a foreign country into the United States the through rate on which charged if rates no't 
shall not have been made public, as required by this Act, shall, before P oste( b 
it is admitted into the United States from said foreign country, be 
subject to customs duties as if said freight were of foreign pro¬ 
duction. * * * 


SEC. 22. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S ta t. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 2. 

Sec. 2. That section six of said Act, as amended March second, Schedules, 
eighteen hundred and eighty-nine, be amended so as to read as follows: g 55 380 ’ 

Sec. 6. * * * * 

“No change shall be made in the rates, fares, and charges or joint Changes, 
rates, fares, and charges which have been filed and published by any 
common carrier in compliance with the requirements of this section, 
except after thirty days’ notice to the Commission and to the public Notice required, 
published as aforesaid, which shall plainly state the changes proposed 
to be made in the schedule then in force and the time when the changed 
rates, fares, or charges will go into effect; and the proposed changes 
shall be shown by printing new schedules, or shall be plainly indicated 
upon the schedules in force at the time and kept open to public inspec- 


55 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 


REPORT OF THE COMMISSION. 

force and the time when the changed rates, fares, or charges 
will go into effect. The proposed changes shall be shown 
by printing new schedules, or shall be plainly indicated upon 
the schedules in force at the time and kept open to public 
inspection: Provided , That the Commission may, in its dis¬ 
cretion and for good cause shown, allow changes upon less 
than the notice herein specified, or modify the requirements 
of this section in respect to publishing, posting, and filing of 
tariffs, either in particular instances or by a general order 
applicable to special or peculiar circumstances or conditions. 
The names of the several carriers which are parties to any 
joint tariff shall be specified therein, and each of the parties 
thereto, other than the one filing the same, shall file with 
the Commission such evidence of concurrence therein or 
acceptance thereof as may be required or approved by the 
Commission; and where such evidence of concurrence or 
acceptance is filed it shall not be necessary for the carriers 
filing the same to also file copies of the tariffs in which they 
are named as parties. Every common carrier subject to the 
provisions of this chapter , shall also file with said Commission 
copies of all contracts, agreements, or arrangements with 
other common carriers in relation to any traffic affected by 
the provisions of this chapter to which it may be a party. 
The Commission may determine and prescribe the form in 


56 




EXISTING LAW. 


tion: Provided, That the Commission may, in its discretion and for 
good cause shown, allow changes upon less than the notice herein 
specified, or modify the requirements of this section in respect to pub¬ 
lishing, posting, and filing of tariffs, either in particular instances or 
by a general order applicable to special or peculiar circumstances or 
conditions. 

“The names of the several carriers which are parties to any joint 
tariff shall be specified therein, and each of the parties thereto, other 
than the one filing the same, shall file with the Commission such evi¬ 
dence of concurrence therein or acceptance thereof as may be required 
or approved by the Commission, and where such evidence of concur¬ 
rence or acceptance is filed it shall not be necessary for the carriers 
filing the same to also file copies of the tariffs in which they are named 
as parties. 

Every common carrier subject to this Act shall also file with said 
Commission copies of all contracts, agreements, or arrangements with 
other common carriers in relation to any tratlic affected by the pro¬ 
visions of this Act to which it may be a party. 

“The Commission may determine and prescribe the form in which 
the schedules required by this section to be kept open to the public 
inspection shall be prepared and arranged and may change the form 
from time to time as shall be found expedient. * * * 


Proviso. 

Exception. 


Acceptance of 
joint tariff by car¬ 
riers. 


Copies of traffic 
contracts, etc., to 
be filed. 


Forms of sched¬ 
ules. 


68693—14-S 


57 


REPORT OF THE COMMISSION. 


Wilful failure to 
file and publish 
schedules of rates 
and fares; penalty. 


Name of resident 
agent to be posted 
in every freight 
station. 


1 which the schedules required by this section and by the two 

2 sections last 'preceding to be kept open to public inspection 

3 shall be prepared and arranged, and may change the form 

4 from time to time as shall be found expedient. [4 Feb., 1887, 

5 24 Stat. L., 380, c. 104, s. 6. 2 Mar., 1889, 25 Stat. L., 

6 856, c. 382, s. 1; 1 Supp., 685. 29 June, 1906,^4 Stat. L., 

7 586, c. 3691, s. 2.] 

8 Sec. 23. The wdlful failure upon the part of any 

9 carrier subject to the provisions of this chapter to file and 

10 publish the tariffs or rates and charges as required by the 

11 three sections last preceding, or strictly to observe such tar- 

12 iffs or rates and charges until changed according to law, 

13 shall subject the carrier so offending to a fine of not less 

14 than one thousand nor more than twenty thousand dollars 

15 for each offense. [29 June, 1906, 34 Stat. L., 587, c. 3591, 

16 s. 2.] 

17 Sec 24. It shall be the duty of every carrier by 

18 railroad to keep at all times conspicuously posted in every 

19 station where freight is received for transportation, the 

20 name of an agent resident in the city, village, or town where 

21 such station is located, to whom application may be made 

22 for the information by the next succeeding section required 

23 to be furnished on written request; and in case any carrier 

24 shall fail at any time to have such name so posted in any 


58 


EXISTING LAW. 


SEC. 23. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S ta t. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 2. 

Sec. 2. 

* * * The willful failure upon the part Penalty for not 

of any carrier subject to said Acts to fde and publish the tariffs 0 r taritfs > etc - 
rates and charges as required by said Acts, or strictly to observe such 
tariffs until changed accordi g to law, shall be a misdemeanor, and 
upon conviction thereof the corporation offending shall be subject to a 
fineof not less tha 10 lothousa id dollars nor more tnan twenty thousand 
dollars fpr each offense. 


SEC. 24. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 9. 


Sec. 9. That section six of said Act to regulate commerce, as here¬ 
tofore amended, is hereby now amended by adding four now para¬ 
graphs at the end thereof, as follows: 


Schedules of 
rates, etc. 

Vol. 24, p. 382; 
Vol. 25, p. 855: 
Vol. 34, p. 587, 
amended. 


» ****** 


“It shall be the duty of every carrier by railroad to keep at all Name of resident 
times conspicuously posted in every station where freight is received aP^very 6 freight 
for transportation the name of an agent resident in the city, village, Nation, 
or town whore such station is located, to whom application may be 
made for the information by this section required to bo furnished on 
written request; and in case any carrier shall fail at any time to have 
such name so posted in any station, it shall be sufficient to address 
such request in substantially the following form: ‘'ihe Station Agent 

of the---Company at—---Station/ together with the 

name of the proper post-office, inserting the name of the carrier com¬ 
pany and of the station in the blanks, and to serve the same by depos¬ 
iting the request so addressed, with postage thereon prepaid, in any 
post-office.” 


59 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 
7 
S 

Failure to give, q 
or misstating rates u 
for shipment. 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 


station, it shall be sufficient to address such request in sub¬ 
stantially the following form: “The Station Agent of 

the-Company at-Station/' together 

with the name of the proper post-office, inserting the name 
of the carrier company and of the station in the blanks, 
and to serve the same by depositing the request so addressed, 
with postage thereon prepaid, in any post-office. [18 June, 
1910, 36 Stat. L., 548, c. 309, s. 9.] 

Sec. 25. If any common carrier subject to the pro¬ 
visions ol this chapter, after written request made upon the 
agent of such carrier as provided in the section last preceding 
by any person or company, for a written statement of the 
rate or charge applicable to a described shipment between 
stated places under the schedules or tariffs to which such 
carrier is a party, shall refuse or omit to give such written 
statement within a reasonable time, or shall misstate in 
writing the applicable rate, and if the person or company 
making such request suffers damage in consequence of such 
refusal or omission or in consequence of the misstatement of 
the rate, either through making the shipment over a line or 
route for which the proper rate is higher than the rate over 
another available line or route, or through entering into any 
sale or other contract whereunder such person or company 
obligates himself or itself to make such shipment of freight 


GO 




EXISTING LAW. 


SEC. 25. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 9. 

Sec. 9. That section six of said Act to regulate commerce, as here- Schedules of 
tofore amended, is hereby now amended by adding four new para- rates ’ etc - 
graphs at the end thereof, as follows: 

*■***■**« 

“If any common carrier subject to the provisions of this Act, after Penalty for fail- 
written request made upon the agent of such carrier hereinafter in ^°f t in<, giv r ate- m for 
this section referred to, by any person or company for a written state- shipnient 
ment of the rate or charge applicable to a described shipment be¬ 
tween stated places under the schedules or tariffs to which such 
carrier is a party, shall refuse or omit to give such written statement 
within a reasonable time, or shall misstate in writing the applicable 
rate, and if the person or company making such request suffers dam¬ 
age in consequence of such refusal or omission or in consequence of 
the misstatement of the rate, either through making the shipment 
over a line or route for. which the proper rate is higher than the rate 
over another available line or route, or through entering into any 
sale or other contract whereunder such person or company obligates 
himself or itself to make such shipment of freight at his or its cost, 
then the said carrier shall be liable to a penalty of two hundred and 
fifty dollars, which shall accrue to the United States and may be 
recovered in a civil action brought by the United States. * * * 



REPORT OF THE COMMISSION. 


Carrier not to 
engage in inter¬ 
state commerce 
unless schedules of 
rates have been 
filed and pub¬ 
lished. 


1 at his or its cost, then the said carrier shall be liable to a 

2 penalty of two hundred and fifty dollars, which shall accrue 

3 to the United States and may be recovered in a civil action 

4 brought by the United States. [18 June, 1910, 36 Stat. L., 

5 548, c. 309, s. 9.] 

6 Sec. 26. No carrier, unless otherwise provided by 

7 this chapter or chapter two of this Act, shall engage or par- 

8 ticipate in the transportation of passengers or property, as 

9 defined in this chapter, unless the rates, fares, and charges 

10 upon which the same are transported by said carrier have 

11 been filed and published in accordance with the provisions 

12 of this chapter; nor shall any carrier charge or demand, or 

13 collect or receive a greater or less or different compensation 

14 for such transportation of passengers or property, or for any 

15 service in connection therewith, between the points named 

16 in such tariffs than the rates, fares, and charges which are 

17 specified in the tariff filed and in effect at the time; nor 

18 shall any carrier refund or remit in any manner or by any 

19 device any portion of the rates, fares, and charges so specified, 

20 nor extend to any shipper or person any privileges or facilities 

21 in the transportation of passengers or property, except such 

22 as are specified in such tariffs: Provided, That wherever 

23 the wmrd “carrier” occurs in this chapter, or in chapter two 

24 of this Act, it shall be held to mean “common carrier.” 

[29 June, 1906, 34 Stat. L., 587, c. 3591, s. 2.] 

62 


25 


EXISTING LAW. 


SEC. 26. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906,34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S t a t. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 2. 

Sec. 2. 

******* 

“No carrier, unless otherwise provided by this Act, shall engage or . Transportation 
participate in the transportation of passengers or property, as defined ^es d filed etc " 1688 
in this Act, unless the rates, fares, and charges upon which the same 
are transported by said carrier have boon filed and published in accord¬ 
ance with the provisions of this Act; nor shall any carrier charge or Charges to be as 
demand or collect or receive a greater or less or different compensa- s P ecified - 
tion for such transportation of passengers or property, or for any serv¬ 
ice in connection therewith, between the points named in such tariffs 
than the rates, fares, and charges which are specified in the tariff filed 
and in effect at the time; nor shall any carrier refund or remit in any . Rebates prohib- 
manner or by any device any portion of the rates, fares, and charges lted - 
so specified, nor exte: d to any shipper or person any privileges or 
facilities in the transportation of passengers or property, except such 
as are specified in such tariffs: Provided, That wherever the word Proviso. ^ 
“carrier” occurs in this Act it shall be held to mean “common . waningof car- 
carrier. 


63 


REPORT OF THE COMMISSION. 


Non compliance 1 
with orders and 
regulations of com¬ 
mission; penalty. <r> 


4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

Transporta t i o n •< a 
by rail and water 
through Panama 
Canal, etc. . 1 ~ 


16 


17 

18 


Additional juris- -j n 
diction of Commis- 
sion. 

20 

21 

22 


Sec. 27. In case of failure or refusal on the part of 
any carrier, receiver, or trustee to comply with the terms of 
any regulation adopted and promulgated or any order made 
by the commission under the provisions of either of the three 
sections last preceding, or of sections twenty, twenty-one, 
or twenty-two, such carrier, receiver, or trustee shall 
be liable to a penalty of five hundred dollars for each such 
offense, and twenty-five dollars for each and every day of 
the continuance of such offense, which shall accrue to the 
United States and may be recovered in a civil action brought 
by the United States. [18 June, 1910, 36 Stat. L., 548, 
c. 309, s. 9.] 

Sec. 28. When property may be. or is transported 
from point to point in the United States by rail and water 
through the Panama Canal or otherwise, the transportation 
being by a common carrier or carriers, and not entirely within 
the limits of a single State, the Interstate Commerce Com¬ 
mission shall have jurisdiction of such transportation and of 
the carriers, both by rail and by water, which may or do en¬ 
gage in the same, in the following particulars, in addition 
to the j urisdiction given by this chapter and chapter two of 
this Act: 


64 


EXISTING LAW. 


SEC. 27. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., pik, ‘ 
eighty-seven, as heretofore amended, and for other purposes. • ; c. 309, s. 9.. 

Sec. 9. 


* 


“In case of failure or refusal on the part of any carrier, receiver, Penalty for non- 
or trustee to comply with the terms of any regulation adopted and compliance with 
promulgated or any order made by the commission under the pro- reg u l at jons, ( Orders, 
visions of this section, such carrier, receiver, or trustee shall be liable s j on ’ 
to a penalty of five hundred dollars for each such offense, and twenty- 
five dollars for each and every day of the continuance of such offense, 
which shall accrue to the United States and may be recovered in a 
civil action brought by the United States. ■ . . i 


. •; :•, o 


...... ^ . 




SEC. 28. 

i i • * 

CHAP. 390.—An Act To provide for the opening, maintenance, protection, and opera¬ 
tion of the Panama Canal, and the sanitation and government of the Canal Zone. 

Sec. 11. 

That section six of said Act to regulate commerce, as heretofore 
amended, is hereby amended by adding a new paragraph at the end 
thereof, as follows: 

“When property may be or is transported from point to point in 
the United States by rail and water through the Panama ('anal or 
otherwise, the transportation being by a common carrier or carriers, 
and not entirely within the limits of a single State, the Interstate Com¬ 
merce Commission shall have jurisdiction of such transportation and 
of the carriers, both by rail and by water, which may or do engage 
in the same, in the following particulars, in addition to the jurisdiction 
given by the Act to regulate commerce, as amended June eighteenth, 
nineteen hundred and ten: 

“ (a) To establish physical connection between the lines of the rail 
carrier and the. dock of the water carrier by directing the rail carrier 
to make suitable connection between its-line and a track or tracks 
which have been constructed from the dock to the limits of its right 
of way, or by directing either or both the rail and water carrier, indi¬ 
vidually or in connection with one another, to construct and connect 
with the lines of the rail carrier a spur track or tracks to the dock. 
This provision shall only apply where such connection is reasonably 
practicable, can be made with safety to the public, and where the 
amount of business to be handled is sufficient to justify the outlay. 

“The commission shall have full authority to determine the terms 
and conditions upon which these connecting tracks, when constructed, 


Aug. 24, 1912, 37 
Stat. L., pp. 566- 
568, s. 11. 

Schedules of 
rates and routes. 

Yol. 34, p. 587; 
vol. 36, p. 548, 
amended. 

Transporta t i o n 
by rail and water 
through Panama 
Canal, etc. 

Additional juris¬ 
diction of Commis- 


To establish 
dock connections 
between rail and 
water carriers. 


Conditions. 


Determina t i o n 
of terms, etc. 


6S693—14-9 


til 65 






REPORT OF THE COMMISSION. 


To establish 
dock connections 
between rail and 
water carriers. 


Conditions. 


Oetermina t i o n 
of terms, etc. 


To establish 
through routes and 
joint rates. 


1 (a) To establish physical connection between the lines 

2 of the rail carrier and the dock of the water carrier by directing 

3 the rail carrier to make suitable connection between its line 

4 and a track or tracks which have been constructed from the 

5 dock to the limits of its right of way, or by directing either or 

6 both the rail and water carrier, individually or in connection 

7 with one another, to construct and connect with the lines of 

8 the lail carrier a spur track or tracks to the dock. This pro- 

9 vision shall only apply where such connection is reasonably 

10 practicable, can be made with safety to the public, and where 

11 the amount of business to be handled is sufficient to justify the 

12 outlay. The commissi on shall have full authority to determine 

13 the terms and conditions upon wdiich these connecting tracks, 

14 when constructed, shall be operated, and it may, either in 

15 the construction or the operation of such tracks, determine 

16 what sum shall be paid to or by either carrier. The provisions 

17 of this paragraph shall extend to cases where the dock is 

18 owned by other parties than the carrier involved. 

19 (b) To establish through routes and maximum joint 

20 rates between and over such rail and water lines, and to de- 

21 tennine all the terms and conditions under which such lines 

22 shall be operated in the handling of the traffic embraced. 


66 


EXISTING LAW. 


shall be operated, and it may, either in the construction or the opera¬ 
tion of such tracks, determine what sum shall be paid to or by either 
carrier. The provisions of this paragraph shall extend to cases where 
the dock is owned by other parties than the carrier involved. 

“ (b) To establish through routes and maximum joint rates between 
and over such rail and water lines, and to determine all the terms and 
conditions undei which such lines shall be operated in the handling 
of the traffic embraced. 

“(c) To establish maximum proportional rates by rail to and from 
the ports to which the traffic is brought, or from which it is taken by 
the water carrier, and to determine to what traffic and in connection 
with what vessels and upon what terms and conditions such rates shall 
apply. By proportional rates are meant those which differ from the 
corresponding local rates to and from the port and which apply only 
to traffic which has been brought to the port or is carried from the port 
by a common carrier by water. 

“(d) If any rail carrier subject to the Act to regulate commerce 
enters into arrange ments with any water carrier operating from a port 
in the United States to a foreign country, through the Panama Canal 
or otherwise, for the handling of through business between interior 
points of the United States and such foreign country, the Interstate 
Commerce Commission may require, such railway to enter into similar 
arrangements with any or all other lines of steam ships operating from 
said port to the same foreign country.” * * * 




/ 


r»7 


To establish 
through routes and 
joint rates. 

Determina t i o n 
o f proportional 
rates. 


To extend ar¬ 
rangements be¬ 
tween rail and 
water carriers to 
other vessels. 


REPORT OF THE COMMISSION. 


o P et6 proportionai * l (c) To establish maximum proportional rates by rail to 

rates. 


b.iU r 


2 and from the ports to which the traffic is brought, or from 

M - 

3 which it is taken by the water carrier, and to determine to 

4 what traffic and in connection with what vessels and upon 

5 what terms and conditions such rates, shall apply. By pro- 

6 portional rates are meant those which differ from the corre- 

7 sponding local rates to and from the port and which apply 

8 only to traffic which has been brought to the port or is carried 

9 from the port by a common carrier by water. 

10 (d) If any rail carrier subject to the provisions of this 


To extend ar¬ 
rangements be¬ 
tween rail and 
water carriers to 

other vessels. H chapter and of chapter two of this Act enters into arrange- 


12 ments with any water carrier operating from a port in the 

13 United States to a foreign country, through the Panama 

14 Canal or otherwise, for the handling of through business 

15 between interior points of the United States and such foreign 

16 country, the Interstate Commerce Commission may require 

17 such railway to enter into similar arrangements with any or 

18 all other lines of steamships operating from said port to the 

19 same foreign country.’’ [24 Aug., 1912, 37 Stat L., pp. 566, 

20 568, c. 390, s. 11.] 

institution of 21 Sec. 29. The orders of the Interstate Commerce 

proceedings. 

22 Commission relating to sections fourteen, fifteen, sixteen , 

23 seventeen, and- twenty-eight shall only be made upon 


68 


EXISTING LAW. 


•\ . 


f : r 




j 




» ' . i : 


SEC. 29. 

CHAP. 390.—An Act To provide for the opening, maintenance, protection, and opera- Aug. 24, 1912, 37 
tion of the Panama Canal, and the sanitation and government of the Canal Zone. Stat. L., pp. 566- 

568, s. 11. 

Sec. 11. * * * 

The orders of the Interstate Commerce Commission relating to this Institution o f 
section shall only be made upon formal complaint or in proceedings proceedings, 
instituted by the commission of its own motion and after full hearing. 

The orders provided for in the two amendments to the Act to regulate Enforcing o r - 
commerce enacted in this section shall be served in the same manner ciers » etc - 
and enforced by the same penalties and proceedings as are the orders 


69 


REPORT OF THE COMMISSION. 


Enforcing o r- 
ders, etc. 


Copies of sched¬ 
ules filed to be pre¬ 
served by commis¬ 
sion; to be prima 
facie evidence in 
judicial proceed¬ 
ings. 


1 formal complaint or in proceedings instituted by the com- 

2 mission of its own motion and after full hearing, which 

3 orders shall be served in the same manner and enforced by 

4 the same penalties and proceedings as are the orders of the 

5 commission made under the provisions of sections seventy- 

6 six, seventy-seven, seventy-eight, seventy-nine, eighty, and 

7 eighty-one, and they may be conditioned for the pay- 

8 ment of any sum or the giving of security for the payment 

9 of any sum or the discharge of any obligation which 

10 may be required by the terms of said order. [24 Aug., 

11 1912, 37 Stat. L., pp. 566, 568, c. 390, s. 11.] 

12 Sec. 30. The copies of schedules and classifications 

13 and tariffs of rates, fares, and charges, and of all contracts, 

14 agreements, or arrangements between common carriers filed 

15 with the commission as provided in this chapter, and the 

16 statistics, tables, and figures contained in the annual reports 

17 of carriers made to the commission, as required by the pro- 

18 visions of this chapter, or of chapter two of this Act, shall be 

19 preserved as public records in the custody of the secretary of 

20 the commission, and shall be received as prima facie evidence 


70 


EXISTING LAW. 


of the commission made under the provisions of section fifteen of the 

Act to regulate commerce, as amended June eighteenth, nineteen Vol. 36, p. 551. 

hundred and ten, and they may be conditioned for the payment of 

any sum or the giving of security lor the payment of any sum or the 

discharge ol any obligation which may be required by the terms of said 

order. 


'i 


SEC. 30. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,’’ approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 13. 


Sec. 13. That section sixteen of said Act to regulate commerce, as 
heretofore amended, is hereby now amended so as to read as follows: 
**■*•*•** * 


Enforcing orders 
of Commission. 


“The copies of schedules and classifications and tariffs of rates, 
fares, and charges, and of all contracts, agreements, and arrange¬ 
ments between common carriers fled with the commission as herein 
provided, and the statistics, tables, and figures contained in the 
annual or other reports of carriers made to the commission as required 
under the provisions of this Act shall be preserved as public records 
in the custody of the secretary of the commission, and shall be received 
as prima facie evidence of what they purport to be for the purpose 
of investigations by the commission and in all judicial proceedings; 
and copies of and extracts from any of said schedules, classifications, 
tariffs, contracts, agreements, arrangements, or reports, made public 
records as aforesaid, certified by the secretary, under the commis¬ 
sion’s seal, shall be received in evidence with like effect as the 
originals.” 


Copies of sched¬ 
ules, etc., made 
public records. 


Receivable a s 
evidence. 


Certified copies. 


71 


REPORT OF THE COMMISSION. 


Combinations to 
prevent continu¬ 
ous carriage of 
freight to destina¬ 
tion prohibited. 

Kentucky, etc., 
Bridge Co. v. 
Louisville, etc., R. 
Co., 37 Fed. Rep., 
567; P. R. R. Co. 
v. International 
Coal Co., 230 U. S., 
184. 


1 of what they purport to be for the purpose of investigations 

2 by the commission and in all judicial proceedings; and copies 

3 of or extracts from any of said schedules, classifications, tariffs, 

4 contracts, agreements, arrangements, or reports, made public 

5 records as aforesaid, certified by the secretary under the 

6 commission’s seal, shall be received in evidence with like 

7 effect as the originals. [4 Feb., 1887, 24 Stat. L., 384, 

8 c. 104, s. 16. 29 June, 1906, 34 Stat. L., 592, c. 

9 3591, s. 5. 18 June, 1910, 36 Stat. L., 555, c. 309, s. 13.] 

10 Sec. 31. It shall be unlawful for any common carrier 

11 subject to the provisions of this chapter to enter into any 

12 combination, contract, or agreement, expressed or implied, to 

13 prevent, by change of time schedule, carriage in different 

14 cars, or by other means or devices, the carriage of freights 

15 from being continuous from the place of shipment to the place 

16 of destination ; and no break of bulk, stoppage, or interrup- 

17 tion made by such common carrier shall prevent the carriage 

18 of freights from being and being treated as one continuous 

19 carriage from the place of shipment to the place of destination, 

20 unless such break, stoppage, or interruption was made in good 

21 faith for some necessary purpose, and without any intent to 

22 avoid or unnecessarily interrupt such continuous -carriage or to 

23 evade any of the provisions of this chapter or of chapter two 

24 of this Act. [4 Feb., 1887, 24 Stat. L., 382, c. 104, s. 7: 1 

25 Supp., 530.] 


73 


EXISTING LAW. 


SEC. 31. 

CHAP. 104. — An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, 8. 7; I 

\ Supp.,529. 

Sec. 7. That it shall be unlawful for any common carrier subject to Combinations to 
the provisions of this act to enter into any combination, contract, or oulT^arriTe^of 
agreement, expressed or implied, to prevent, by change of time sched- freiaht C ^d^stina- 
ule, carriage in different cars, or by other means or devices, the carriage tion prohibited, 
of freights from being continuous from the place of shipment to the place 
of destination; and no break of bulk, stoppage, or interruption made by 
such common carrier shall prevent the carriage of freights from being 
and being treated as one continuous carriage from the place of ship¬ 
ment to the place of destination, unless such break, stoppage, or inter¬ 
ruption was made in good faith for some necessary purpose, and with¬ 
out any intent to avoid or unnecessarily interrupt such continuous car¬ 
riage or'to evade any of the provisions of this act, 


4 


—* 10 


6S693—T4 


73 


REPORT OF THE COMMISSION. 


Liability to per- 1 

sons injured by 
violation of provi¬ 
sions of this Act. q 
P arsons v. Chi- " 

cago, etc., It. Co., 

167 U. S., 447; Van 
Patten v. Chicago, o 

etc., R. Co., 81 
Fed. Rep., 544; 
Western N. Y., 4 

etc., R. Co. v. 

Penn Refining Co., 

137 Fed. Rep., 343; K 
A. C. L. R. R. Co. ° 
v. Riverside Mills, 

219 U. S., 186; P. a 
R. R. Co. v. Inter- ^ 
national Coal Co., 

230 U. S., 184. 


Sec. 32. In case any common carrier subject to the 
provisions of this chapter or chapter two of this Act shall do, 
cause to be done, or permit to be done any act, matter, or 
thing in this chapter or chapter two of this Act prohibited or 
declared to be unlawful, or shall omit to do any act, matter, 
or thing in this chapter or chapter two of this Act required 
be done, such common carrier shall be liable to the person 


8 or persons injured thereby for the full amount of damages 

9 sustained in consequence of any such violation together with 


10 a reasonable counsel or attorney’s fee, to be fixed by the 

11 court in every case of recovery, which attorney’s fee shall be 

12 taxed and collected as part of the costs in the case. [4 Feb 

13 1887, 24 Stat. L., 382, c. 104, s. 8; 1 Supp., 530.] 
a g fdS°ay S compi5n 14 Sec. 33. Any person or persons claiming to be dam- 

to commission or 

Connor v. Vicks- 15 aged by any common carrier subject to the provisions of this 

burg, etc., R. Co., 

36 Fed. Rep., 273; . . 

Lowry v. Chicago, 16 chapter may either make complaint to the commission as 

etc., R. Co., 46 r j r 

Fed. Rep., 83; Lit- 

co f°EastTennS- ^ hereinafter provided for, or may bring suit in his or their own 

see, etc., R. Co., 47 

Van Copp v7Lords- 18 behalf for the recovery of the damages for which such common 

ville, etc., R. Co., 

swift v. Phiiadei- 19 carrier may be liable under the provisions of this chapter or 

phia, etc., R. Co., 

58 Fed. Rep., 858; 

Patten v. Chicago, 20 under chapter two of this Act m any district court of the 

etc., R. Co., 74 r j j 

Fed. Rep., 981; . 

ib., 8i Fed. Rep., 21 United States of competent jurisdiction; but such person or 

546; Edmunds v. r 0 ’ r 

Illinois Central R. 

Co., so Fed. Rep., 22 persons shall not have the right to pursue both of said reme- 

79; Central S. Y. nr 

Co. v. Louisville, 

etc., r. Co., 112 23 dies, and must m each case elect which one of the two methods 

Fed. Rep., 823; 

Ratican v. Termi- . 

FedR r^-66<p ^ °* P roce 4 ure herein provided for he or they will adopt. 

Tift ?>. Southern R.’ _ , „ _ 

Co., 123Fed.Rep.. 25 [4 Feb., 1887, 24 Stat. L., 382, c. 104, s. 9; 1 Supp., 530.1 

789; Western, etc., x 1 J 

R. Co. v. Penn Refining Co., 137Fed.Rep., 343; Robinson v. B. & 0. R. R. Co., 222 IT. S., 506. 

74 




EXISTING LAW. 


SEC. 32. - 

CHAP. 104.—An Act To regulate commerce. 


Sec. 8. That in case any common carrier subject to the provisions of 
this act shall do, cause to be done, or permit to be done any act, mat¬ 
ter, or thing in this act prohibited or declared to be unlawful, or shall 
omit to do any act, matter, or thing in this act required to be done, 
such common carrier shall be liable to the person or persons injured 
thereby for the full amount of damages sustained in consequence of any 
such violation of the provisions of this act, together with a reasonable 
counsel or attorney’s fee, to be fixed by the court in every case of re¬ 
covery, which attorney’s fee shall be taxed and collected as part of the 
costs in the case. 


SEC. 33. 

CHAP. 104.—An Act To regulate commerce. 


Sec. 9. That any person or persons claiming to be damaged by any 
common carrier subject to the provisions of this act may either make 
complaint to the Commission as hereinafter provided for, or may bring 
suit in his or their own behalf for the recovery of the damages for which 
such common carrier may be liable under the provisions of this act, in 
any district or circuit court of the United States of competent jurisdic¬ 
tion; but such person or persons shall not have the right to pursue both 
of said remedies, and must in each case elect which one of the two 
methods of procedure herein provided for he or they will adopt. In 
any such action brought for the recovery of damages the court before 
which the same shall be pending may compel any director, officer, re¬ 
ceiver, trustee, or agent of the corporation or company defendant in 
such suit to attend, appear, and testify in such case, and may compel 
the production of the books and papers of such corporation or company 
party to any such suit; the claim that any such testimony or evidence 
may tend to criminate the person giving such evidence shall not excuse 
such witness from testifying, but such evidence or testimony shall not 
be used against such person on the trial of any criminal proceeding. 


Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 8; ISupp., 
520. 

Liability for vio¬ 
lations of this act. 


Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104,s.9; ISupp., 
529. 

Persons damaged 
may make com¬ 
plaint to Commis¬ 
sion, or sue person¬ 
ally. 


75 



REPORT OF THE COMMISSION. 


Punishment for 
willful violation of 
this Act. 

U. S. v. Tozer, 
37 Fed. Rep., 635; 
U. S. v. Michigan 
Central R. Co., 43 
Fed. Rep., 26; 
U. S. v. 1 e Cour- 
sey, 82 Fed. Rep., 
302; In re Pooling 
Freights, 115 Fed. 
Rep., 588. 


1 Sec. 84. Any common carrier subject to the provisions 

2 of this chapter, or, whenever such common carrier is a cor- 

3 pcraticn, any director or officer thereof, or any receiver, 

4 trustee, lessee, agent, or person, acting for or employed by 

5 such corporation, who, alone or with any other corporation, 

6 company, person, or party, shall willfully do or cause to be 

7 done, or shall willingly suffer or permit to be done, any act, 

8 matter, or thing in this chapter or in chapter two of this Act 

9 prohibited or declared to be unlawful, or who shall aid or 

10 abet therein, or shall willfully omit or fail to do any act, 

11 matter, or thing in this chapter or in chapter two of this Act 

12 required to be done, or shall cause or willingly suffer or permit 

13 any act, matter or thing so directed or required by this chapter 

14 or chapter two of this Act to be done, not to be so done, or 

15 shall aid or abet any such omission or failure, or shall be 

16 guilty of any infraction of this chapter or chapter two of this 

17 Act for which no penalty is otherwise provided, or shall aid 

18 or abet therein, shall be fined not more than five thousand 

19 dollars for each offense: Provided, That if the offense for 

20 which any person shall be convicted shall be an unlawful 

21 discrimination in rates, fares, or charges for the transporta- 

22 tion of passengers or property, such person may, in addition 

23 to such fine, be imprisoned in a penitentiary not more than 

24 two years. [4 Feb., 1887, 24 Stat. L., 382, c. 104, s. 10. 


76 


EXISTING LAW. 


SEC. 34. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 10; 1 Supp., 
529. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 549, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 10. 

Sec. 10. r lhat section ten of said Act to regulate commerce, as Penalties, 
heretofore amended, be now amended so as to read as follows: Vol 0l 25 4 ’ P 857 ’ 

“Sec. 10. That any common carrier subject to the provisions of amended P ’ 
this Act, or, whenever such common carrier is a corporation, any di- * Violations of act 
rector or officer thereof, or any receiver, trustee, lessee, agent, or person by carriers, offi- 
acting for or employed by such corporation, who, alone or with any demeanor’ * miH 
other corporation, company, person, or party, shall willfully do or c 
cause to be done, or shall willingly suffer or permit to be done, any 
act, matter, or thing in this Act prohibited or declared to be unlaw¬ 
ful, or who shall aid or abet therein, or shall willfully omit or fail to 
do any act, matter, or thing in this Act required to be done, or shall 
cause or willingly suffer or permit any act, matter, or thing so 
directed or required ly this Act to be done not to be so done, or shall 
aid or abet any such omission or failure, or shall be guilty of any 
infraction of this Act for which no penalty is otherwise provided, or 
who shall aid or abet therein, shall be deemed guilty of a misdemeanor, 
and shall, upon conviction thereof in any district court of the United Penalty. 

States within the jurisdiction of which such offense was committed, 
be subject to a fine of not to exceed five thousand dollars for each 
offense: Provided, f ihat if the offense for which any person shall be Proviso. 
convicted as aforesaid shall be an unlawful discrimination in rates, Punishment for 
lares, or charges lor the transportation of passengers or property, i na tion in rates, 
such person shall, in addition to the fine hereinbefore provided for, etc. 
be liable to imprisonment in the penitentiary for a term of not ex¬ 
ceeding two years, or both such fine and imprisonment, in the 
discretion of the court. * * * 


REPORT OF THE COMMISSION. 


1 

2 

3 

False billing, 4 
false classification, 
false weighing,etc., 
by carrier; penalty. ;r 

In re Belknap, ^ 
96 Fed. Rep., 614; 
Davis v. U. S., 104 n 

Fed. Rep., 136. O 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

Shipper at- 20 
tempting to secure 
lower rates by 
means of false bill- 91 
ing, false classifica- " 1 
tion, false weigh¬ 
ing, etc.; penalty. ~~ 


23 

24 


2 Mar., 1889, 25 Stat. L., 857, c. 382, s. 2;i Supp., 686. 
19 Feb., 1903, 32 Stat. L., 847, c. 708, s. 1. 18 June, 1910, 

36 Stat. L., 549, c. 309, s. 10.] 

Sec. 35. Any common carrier subject to the provi¬ 
sions of this chapter , or, whenever such common carrier 
is a corporation, any officer or agent thereof, or any person 
acting for or employed by such corporation, who by means 
of false billing, false classification, false weighing, or false 
report of weight, or by any other device or means, shall 
knowingly and willfully assist, or shall willingly suffei 
or permit, any person or persons to obtain transportation 
for property at less than the regular rates then established 
and in force on the line of transportation of such common 
carrier, shall be fined not more than five thousand dollars, 
or imprisonment in a penitentiary not more than two years, 
or both. [4 Feb., 1887, 24 Stat. L., 382, c. 104, s. 10. 
2 Mar., 1889, 25 Stat. L., 858, c. 382, s. 2; 1 Supp., 686. 
19 Feb., 1903, 32 Stat. L., 847, c. 708, s. 1. 18 June, 

1910, 36 Stat. L., 549, c. 309, s. 10.] 

Sec. 36. Any person, corporation, or company, or 
any agent or officer thereof, who shall deliver property for 
transportation to any common carrier subject to the provisions 
of this chapter , or for whom, as consignor or consignee, any 
such carrier shall transport property, who shall knowingly 


78 


EXISTING LAW. 


SEC. 35. 


CHAP. 104.—An Act To regulate commerce. 


Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 10; I 
Supp., 520. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, 8. 10. 


Sec. 10. That section ten of said Act to regulate commerce, as Penalties. 

heretofore amended, be now amended so as to read as follows: ol * ^4, P- 

m * * * Vol. 25, p. 857, 

^ EC- 10* . . . . amended. 

‘Any common carrier subject to the provisions of this Act, or, Issuing false 
whenever such common carrier is a corporation, any officer or agent billing, classifica- 
thereof, or any person acting for or employed by such corporation, etC ) . car ' 
who, by means of false billing, false classification, false weighing, or demeanor 
false report of weight, or by any other device or means, shall know¬ 
ingly and willfully assist, or shall willingly suffer or permit, any 
person or persons to obtain transportation for property at less than 
the regular rates then established and in force on the line of trans¬ 
portation of such common carrier, shall be deemed guilty of a mis¬ 
demeanor, and shall, upon conviction thereof in any court of the Punishment. 
United States of competent jurisdiction within the district in which 
such offense was committed, be subject to a fine of not exceeding five 
thousand dollars, or imprisonment in the penitentiary for a term of 
not exceeding two years, or both, in the discretion oh the court, for 
each offense. * * * 


SEC. 36. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 10. 

Sec. 10. * * * 

“Any person, corporation, or company, or any agent or officer Attempting to 
thereof, who shall deliver property for transportation to any common b^ftii^^iiw’ 
carrier subject to the provisions of this Act, or for whom, as con- e { c ; by s hi ppe r,°a 
signor or consignee, any such carrier shall transport property, who misdemeanor, 
shall knowingly and willfully, directly or indirectly, himself or by em¬ 
ployee, agent, officer, or otherwise, by false billing, false classification, 
false weighing, false representation of the contents of the package 
or the substance of the property, false report of weight, false state- 


79 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 


REPORT OF THE COMMISSION. 

and willfully, directly or indirectly, himself or by employee, 
agent, officer, or otherwise, by false billing, false classifica¬ 
tion, false weighing, false representation of the contents of the 
package or the substance of the property, false report of 
weight, false statement, or by any other device or means, 
whether with or without the consent or connivance of the 
carrier, its agent, or officer, obtain or attempt to obtain trans¬ 
portation for such property at less than the regular rates then 
established and in force on the line of transportation; or 
who shall knowingly and willfully, directly or indirectly, 
himself or by employee, agent, officer, or otherwise, by false 
statement or representation as to cost, value, nature, or extent 
of injury, or by the use of any false bill, bill of lading, receipt, 
voucher, roll, account, claim, certificate, affidavit, or depo¬ 
sition, knowing the same to be false, fictitious, or fraudu¬ 
lent, or to contain any false, fictitious, or fraudulent state¬ 
ment or entry, obtain or attempt to obtain any allowance, 
refund, or payment for damage or otherwise in connection 
with or growing out of the transportation of or agreement to 
transport such property, whether with or without the consent 
or connivance of the carrier, whereby the compensation of 
such carrier for such transportation, either before or after 
payment, shall in. fact be made less than the regular rates 
then established and in force on the line of transportation 

80 




EXISTING LAW. 


ment, or by any other device or means, whether with or without the 
consent or connivance of the carrier, its agent, or officer, obtain or 
attempt to obtain transportation for such property at less than the 
regular rates then established and in force on the fine of transporta¬ 
tion; or who shall knowingly and willfully, directly or indirectly, 
himself or by employee, agent, officer, or otherwise, by false state¬ 
ment or representation as to cost, value, nature, or extent of injury, 
or by the use of any false bill, bill of lading, receipt, voucher, roll, 
account, claim, certificate, affidavit, or deposition, knowing the same 
to be false, fictitious, or fraudulent, or to contain any false, fictitious, 
or fraudulent statement or entry, obtain or attempt to obtain any 
allowance, refund, or payment for damage or otherwise in connection 
with or growing out of the transportation of or agreement to transport 
such property, whether with or without the consent or connivance 
of the carrier, whereby the compensation of such carrier for such 
transportation, either before or after payment, shall in fact be made 
less than the regular rates then established and in force, on the fine 
of transportation, shall be deemed guilty of fraud, which is hereby 
declared to be a misdemeanor, and shall, upon conviction thereof in 
any court of the United States of competent jurisdiction within the 
district in which such offense was wholly or m part committed, be 
subject for each offense to a fine of not exceeding five thousand 
dollars or imprisonment in the penitentiary for a term of not exceed¬ 
ing two years, or both, in the discretion of the court: Provided, That 
the penalty of imprisonment shall not apply to artificial per¬ 
sons. * * * 


68693—1 


81 


Making false 
claim for damages, 
etc., in transit, a 
misdemeanor. 


Punishment. 


Proviso. 

Artificial p e r - 
sons. 


1 

2 

3 

4 

5 

6 

7 

8 

Shipper at- ^ 
tempting to secure 
unjust cuscrimina- 1 „ 
tion from carrier 10 
by bribery, etc.; 
penalty. 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 


REPORT OF THE COMMISSION. 

shall, upon conviction thereof within the district in which 
such offense was wholly or in part committed, be fined not 
more than five thousand dollars or imprisoned in a peniten¬ 
tiary not more than two years, or both: Provided , That the 
penalty of imprisonment shall not apply to artificial persons. 
[2 Mar., 1889, 25 Stat. L., 858, c. 382, s. 2; 1 Supp., 687. 
19 Feb., 1903, 32 Stat. L., 847, c. 708, s. 1. 18 June, 

1910, 36 Stat. L., 549, c. 309, s. 10.] 

Sec. 37. If any such person, or any officer or agent of 
any such corporation or company, shall, by payment of money 
or other thing of value, solicitation, or otherwise, induce or 
attempt to induce any common carrier subject to the pro¬ 
visions of this chapter , or any of its officers or agents, to dis¬ 
criminate unjustly in his, its, or their favor as against any 
other consignor or consignee in the transportation of property, 
or shall aid or abet any common carrier in any such unjust 
discrimination, such person or such officer or agent of such 
corporation or company shall be fined not more than five 
thousand dollars, or imprisoned in a penitentiary not more 
than two years, or both; and such person, corporation, or 
company shall also, together with said common carrier, be 
liable, jointly or severally, in'an action to be brought by 
any consignor or consignee discriminated against in any 
court of the United States of competent jurisdiction for all 


82 


EXISTING LAW. 


SEC. 37. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 10; I 
Supp., 529. 

Sec. 10. * * * 

CHAP. 382 —An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2, 1889. 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c. 382, s’. 2; I 
Supp., 690. 

Sec. 2. That section ten of said act is hereby amended so as to read Amendment to 
as follows: section 10 . 

Vol. 24, p. 282. 

Sec. 10. * * * 

SEC. 37. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 10. 


Sec. 10. That section ten of said Act to regulate commerce, as Penalties. 

heretofore amended, be now amended so as to read as follows: T r Y ol- „ 24 ’ p - 882; 

in * * * Vol. 25, p. 857, 

DEC. iu. . amended. 

‘ ‘ If any such person, or any officer or agent of any such corporation At t e m p t i n g, 
or company, shall, by payment of money or other thing of value, solici- ? tc -> t° s ?cure un- 
tation, or otherwise, induce or attempt to induce any common car- ^Yarrier^by 
rier subject to the provisions of this Act, or any of its officers or agents, bribery, etc., a 
to discriminate unjustly in his, its, or their favor as against any other misdemeanor, 
consignor or consignee in the transportation of property, or shall aid 
or abet any common carrier in any such unjust discrimination, such 

E erson or such officer or agent of such corporation or company shall 
e deemed guilty of a misdemeanor, and shall, upon conviction thereof 
in any court of the United States of competent jurisdiction within the 
district in which such offense was committed, be subject to a fine of not Punishment, 
exceeding five thousand dollars, or imprisonment in the penitentiary 
for a term of not exceeding two years, or both, in the discretion of the 
court, for each offense; and such person, corporation, or company Action for dam- 
shall also, together with said common carrier, be liable, jointly or a § es - 
severally, in an action to be brought by any consignor or consignee 
discriminated against in any court of the United States of competent 
jurisdiction for all damages caused by or resulting therefrom.’’ 


83 


REPORT OF THE COMMISSION. 


Unlawful to offer 
or give, or to solicit 
or accept rebate, 
etc.; penalty. 


1 damages caused by or resulting therefrom. [4 Feb., 1887, 

2 24 Stat. L., 382, c. 104, s. 10. 2 Mar., 1889, 25 Stat. L., 

3 858, c. 382, s. 2; 1 Supp., 687. 19 Feb., 1903, 32 Stat. L., 

4 847, c. 708, s. 1. 18 June, 1910,36 Stat. L., 550, c. 309, s. 10.] 

5 Sec. 38. It shall be unlawful for any person or cor- 

6 poration to offer, grant, or give, or to solicit, accept, or 

7 receive, any rebate, concession, or discrimination in respect 

8 to the transportation of any property in interstate or foreign 

9 commerce by any common carrier subject to the provisions of 

10 this chapter, whereby any such property shall by any device 

11 whatever be transported at a less rate than that named in the 

12 tariffs published and filed by such carrier, or whereby any 

13 other advantage is given or discrimination is practiced. 

14 Every person or corporation, whether carrier or shipper, who 

15 shall, knowingly, offer, grant, or give, or solicit, accept, or 

16 receive any such rebate, concession, or discrimination shall 

17 be fined not less than one thousand nor more than twenty 

18 thousand dollars: Provided , That any person, or any officer 

19 or director of any corporation subject to the provisions of this 

20 chapter or chapter two of this Act, or any receiver, trustee, 

21 lessee, agent, or person acting for or employed by any such 

22 corporation, who shall be convicted of a violation j)f any 

23 provision of this section, may, in addition to the fine herein 

24 provided for, be imprisoned in a penitentiary not more 


84 


EXISTING LAW. 


SEC. 38. i 

CHAP. 3591. —An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S ta t. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 2. 

Sec. 2. * * * and it shall be unlawful for any person, per- . Rebates, conces- 

sons, or corporation to offer, grant, or give, or to solicit, accept, or etc ” probib ' 
receive any rebate, concession, or discrimination in respect to the 
transportation of any property in interstate or foreign commerce by 
any common carrier subject to said Act to regulate commerce and the 
Acts amendatory thereof whereby any such property shall by any 
device whatever be transported at a less rate than that named in the 
tariffs published and filed by such carrier, as is required by said Act 
to regulate commerce and the Acts amendatory thereof, or whereby 
any other advantage is given or discrimination is practiced. Every Penalty, 
person or corporation, whether carrier or shipper, who shall, know¬ 
ingly, offer, grant, or give, or solicit, accept, or receive any such 
rebates, concession, or discrimination shall be deemed guilty of a mis¬ 
demeanor, and on conviction thereof shall be punished by a fine of 
not less than one thousand dollars nor more than twenty thousand 
dollars: Provided, That any person, or any officer or director of any Proviso. 
corporation subject to the provisions of this Act, or the Act to regulate a( j(j m ( | prisonment 
commerce and the Acts amendatory thereof, or any receiver, trustee, a ec ' 
lessee, agent, or person acting for or employed by any such corporation, 
who shall be convicted as aforesaid, shall, in addition to the fine herein 
provided for, be liable to imprisonment in the penitentiary for a term 
of not exceeding two years, or both such fine and imprisonment, in the 
discretion of the court. Every violation of this section shall be pros- Prosecutions, 
ecuted in any court of the United States having jurisdiction of crimes 
within the district in which such violation was committed, or through 
which the transportation may have been conducted; and whenever the 
offense is begun in one jurisdiction and completed in another it may 
be dealt with, inquired of, tried, determined, and punished in either 
jurisdiction in the same manner as if the offense had been actually and 
wholly committed therein. * * * 


85 


REPORT OF THE COMMISSION. 


Carrier not to ac¬ 
cept valuable con¬ 
sideration as re¬ 
bate; penalty; act 
of agent to be 
deemed act of car¬ 
rier. 


1 than two years. Every violation of this section shall be 

2 prosecuted in any court of the United States having jurisdic- 

3 tion of crimes within the district in which such violation 

4 was committed, or through which the transportation may 

5 have been conducted; and whenever the offense is begun in 

6 one jurisdiction and completed in another it may be dealt 

7 with, inquired of, tried, determined, and punished in either 

8 jurisdiction in the same manner as if the offense had been 

9 actually and wholly committed therein. [29 June, 1906, 

10 34 Stat. L., 587, c. 3591, s. 2.] 

11 Sec. 39. Any person, corporation, or company, who 

12 shall deliver property for interstate transportation to any 
. 13 common carrier subject to the provisions of this chapter or of 

14 chapter two of this Act, or for whom as consignor or con- 

15 signee, any such carrier shall transport property from one 

16 State, Territory, or the District of Columbia to any other 

17 State, Territory, or the District of Columbia, or to a foreign 

18 country, who shall knowingly by employee, agent, officer, or 

19 otherwise, directly or indirectly, by or through any means or 

20 device whatsoever, receive or accept from such common car- 

21 rier any sum of money or any other valuable consideration as 

22 a rebate or offset against the regular charges for transporta- 

23 tion of such property, as fixed by the schedules of rates pro- 

24 vided for in this chapter or of chapter two of this Act, shall 


86 


EXISTING LAW. 


SEC. 39. 

CHAP. 3591.—An Act To amend an Act entitled "An Act to regulate commerce,” June 29, 1906,34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 588 , 589, 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. c. 3591, s. 2. 

Sec. 2 * * * * 

“Any person, corporation, or company who shall deliver property Penalty for re- 
for interstate transportation to any common carrier, subject to the reiving rebates 
provisions of this Act, or for whom as consignor or consignee, any such 
carrier shall transport property from one State, Territory, or the 
District of Columbia to any other State, Territory, or the District of 
Columbia, or foreign country, who shall knowingly by employee, 
agent, officer, or otherwise, directly or indirectly, by or "through any 
means or device whatsoever, receive or accept from such common car¬ 
rier any sum of money or any other valuable consideration as a rebate 
or offset against the regular charges for transportation of such 
property, as fixed by the schedules of rates provided for in this Act, 
shall in addition to any penalty provided by this Act forfeit to the Additional fine. 
United States a sum of money three times the amount of money 
so received or accepted and three times the value of any other con¬ 
sideration so received or accepted, to be ascertained by the trial 
court; and the Attorney-General of the United States is authorized Civil suit to re¬ 
am! directed, whenever he has reasonable grounds to believe that any cover - 
such person, corporation, or company has knowingly received or 
accepted from any such common carrier any sum of money or other 
valuable consideration as a rebate or offset as aforesaid, to institute in 
an}' court of the United States of competent jurisdiction, a civil action 
to collect the said sum or sums so forfeited as aforesaid; and in the Amount of re¬ 
trial of said action all such rebates or other considerations so received covery - 
or accepted for a period of six years prior to the commencement of 
the action, may be included therein, and the amount recovered shall 
be three times the total amount of money, or three times the total 
value of such consideration, so received or accepted, or both, as the 
case may be ” 


sr 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 


REPORT OF THE COMMISSION. 

in addition to any penalty provided by this chapter or of 
chapter two of this Act forfeit to the United States a sum of 
money three times the amount of money so received or ac¬ 
cepted and three times the value of any other consideration 
so received or accepted, to be ascertained by the trial court. 
The Attorney-General of the United States is authorized and 
directed, whenever he has reasonable grounds to believe that 
any such person, corporation, or company has knowingly 
received or accepted from any such common carrier any sum 
of money or other valuable consideration as a rebate or offset 
as aforesaid, to institute in any court of the United States of 
competent jurisdiction, a civil action to collect the said sum 
or sums so forfeited as aforesaid. In the trial of said action 
all such rebates or other considerations so received or accepted 
for a period of six years prior to the commencement of the ac¬ 
tion, may be included therein; and the amount recovered 
shall be three times the total amount of money, or three 
times the total value of such consideration, so received or 
accepted, or both, as the case may be. In construing and 
enforcing the provisions of this section, and of sections twenty- 
three , and thirty-eight, the act, omission,or failure of any officer, 
agent, or other person acting for or employed by any common 
carrier, or shipper, acting within the scope of his employment, 


88 


EXISTING LAW. 


SEC. 39. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend¬ 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 

Sec. 2. 

‘‘In construing and enforcing the provisions of this section, the act, 
omission, or failure of any officer, agent, or other person acting for 
or employed by any common carrier, or shipper, acting within the 
scope of his employment, shall in every case he also deemed to be the 
act, omission, or failure of such carrier or shipper as well as that of 
the person. 


June 29, 1906, 34 
S ta t. L., 584, c. 
3591, s. 2. 


Liability for acts 
of agents, etc. 


68693—14-12 


89 



REPORT OF THE COMMISSION. 


Rate filed with 
Commission to be 
deemed legal rate. 


Act of officer or 
agent to be also 
deemed act of cor¬ 
poration. 


1 shall in every case be also deemed to be the act, omission, or 

2 failure of such carrier or shipper as well as that of the person. 
8 [29 June, 1906, 84 Stat. L., 588, c. 8591, s. 2.] 

4 Sec. 40. Whenever any carrier files with the Inter- 

5 state Commerce Commission or publishes a particular rate 

6 under the provisions of this chapter , or participates in any 

7 rates so filed or published, that rate as against such carrier, 

8 its officers or agents, in any prosecution begun under this 

9 chapter or under chapter two of this Act shall be conclusively 

10 deemed to be the legal rate, and any departure from such 

11 rate, or any offer to depart therefrom, shall be deemed to 

12 be an offense under the two sections last preceding. [29 
18 June, 1906, 84 Stat. L., 588, c. 8591, s. 2.] 

14 Sec. 41. Anything done or omitted to be done by 

15 a corporation common carrier subject to the provisions of 

16 this chapter or of chapter two of this Act, which, if done 

17 or omitted to be done by any director or officer thereof, or 

18 any receiver, trustee, lessee, agent, or person acting for 

19 or employed by such corporation, would constitute an offense 

20 under this chapter or under chapter two of this Act, shall 

21 also be held to be an offense committed by such corporation, 

22 and shall subject it to the same penalties as are prescribed 
28 with reference to such persons, except as such penalties 
14 are elsewhere changed in this Act. [19 Feb., 1908, 82 


90 


EXISTING LAW. 


SEC. 40. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S ta t. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, 8. 2. 

Sec. 2. 

* * * Whenever any carrier files with the Interstate Commerce Departure from 

Commission or publishes a particular rate under the provisions of the published rates an 
Act to regulate commerce or Acts amendatory thereof, or participates 0 ense ‘ 
in any rates so filed or published, that rate as against such carrier, its 
officers or agents, in my prosecution begun under this Act shall be 
conclusively deemed to be the legal rate, and any departure from such 
rate, or any offer to depart therefrom, shall be deemed to be an 
offense under this section of this Act. 


SEC. 41. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906,34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S t a t. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, 8. 2. 

Sec. 2. 

That section one of the Act entitled ‘ 1 An Act to further regulate com- Corporation com¬ 
merce with foreign nations and among the States,” approved February m< y 0 f a ™ ers ' ^ 
nineteenth, nineteen hundred and three, be amended so as to read as amended".’ P 
follows: 

“That anything done or omitted to be done by a corporation com- Liability of cor- 
mon carrier, subject to the Act to regulate commerce and the Acts 
amendatory thereof, which, if done or omitted to be done by any etc g g 
director or off cor thereof, or any receiver, trustee, lessee, agent, or 
person acting for or employed by such corporation, would constitute 
a misdemeanor under said Acts or under this Act, shall also be held to 
be a misdemeanor committed by such corporation, and upon convic¬ 
tion thereof it shall bo subject to file pe alties as are prescribed in 
said Acts or by this Act with reference to such persons, except as 
such penalties are herein changed. * * * 


REPORT OF THE COMMISSION. 


Common carriers 
to designate agent 
in Washington up¬ 
on whom process 
can be served; serv¬ 
ice of, in case of 
failure to designate. 


1 Stat. L., 847, c. 708, s. 1. 29 June, 1906, 34 Stat. L., 

2 587, c. 8591, s. 2.] 

3 Sec. 42. It shall be the duty of every common carrier 

4 subject to the provisions of this chapter to designate in 

5 writing an agent in the city of Washington, District of 

6 Columbia, upon whom service of all notices and processes 

7 may be made for and on behalf of said common carrier, in 

8 any proceeding or suit pending before the Interstate Com- 

9 merce Commission or before any district court, and to file 

10 such designation in the office of the secretary of the Tnter- 

11 state Commerce Commission, which designation may from 

12 time to time he changed by like writing similarly filed; 

13 and thereupon service of all notices and processes may be 

14 made upon such common carrier by leaving a copy thereof 

15 with such designated agent at his office or usual place of 

16 residence in the city of Washington, with like effect as 

17 if made personally upon such common carrier, and in default 

18 of such designation of such agent, service of any notice 

19 or other process in any proceeding before said Interstate 

20 Commerce Commission or district court may be made by 

21 posting such notice or process in the office of the secretary 

22 of the Interstate Commerce Commission. [18 June, 1910, 

23 36 Stat. L., 544, c. 309, s. 6.] 


92 


EXISTING LAW. 


SEC. 42. 

CHAP. 309. —An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 6. 

Sec. 6. * * * 

It shall be the duty of every common carrier subject to the pro- . Agent in Wash- 
visions of this Act, within sixty days after the taking effect of this ^T^rrTer^ 

Act, to designate in writing an agent in the city of Washington, Dis- ” 0 a r service ofproc- 
trict of Columbia, upon whom service of all notices and processes ess, etc. 
may be made for and on behalf of said common carrier in any pro¬ 
ceeding or suit pending before the Interstate Commerce Commission 
or before said commerce court, and to file such designation in the 
office of the secretary of the Interstate Commerce Commission, which 
designation may from time to time be changed by like writing simi¬ 
larly filed; and thereupon service of all notices and processes may be 
maele upon such common carrier by leaving a copy thereof with such 
designated agent at his office or usual place of residence in the city 
of Washington, with like effect as if made personally upon such com¬ 
mon carrier, and in default of such designation of such agent, service , Service in de- 
of any notice or other process in any proceeding before said Interstate 01 f,esigna ' 
Commerce Commission or commerce court may be made bv posting 
such notice or process in the office of the secretary of the Interstate 
Commerce Commission. 


93 


REPORT OF THE C03IMISSI0N. 


Chapter Two. 

INTERSTATE COMMERCE COMMISSION. 


Sec. 

43. Interstate Commerce Commission created; 

appointment; term of service, etc. 

44. Salary of Commissioners, secretary, and 

employees. 

45. Principal office of Commission at Wash¬ 

ington. 

46. Physical valuation of property; inves¬ 

tigation by Commission. 

47. Cost of property used for common carrier 

purposes; other property. 

48. Value of real property. 

49. Property held for other than common 

carrier purposes. 

50. Corporation organization, history of in 

ascertaining original cost of property, 
etc. 

51. Grants, etc., from United States, States, 

etc., value of; concessions, etc., made 
by carrier. 

52. Method of procedure. 

53. Prosecution and report of investigation. 

54. Documents, etc., to aid investigation; 

access of agents to property; public in¬ 
spection of records, etc. 

55. Valuation of extensions and improve¬ 

ments; reports to Congress. 

56. Information required of carriers. 

57. Notice of completion of tentative valua¬ 

tion to be given carrier; finality if no 
protest filed. 

58. Hearings of protests; changes; effect of 

final valuation and classification. 

59. Effect of evidence offered in court as to 

different values; court before render¬ 
ing judgment to furnish copy of evi¬ 
dence to Commission; judgment on 
original order if not changed. 

60. Applicable to receivers, etc.; penalty 

for noncompliance. 

61. Jurisdiction of district courts to compel 

compliance. 

62. Proceedings of Commission, rules, quo¬ 

rum, appearances, etc. 

63. Reports and decisions may be published 

by Commission. 

64. Annual report of Commission to Congress. 

65. Commission to inquire into business of 

common carriers. 

66. District attorney to institute suit on appli¬ 

cation of Commission. 

67. Parties to proceedings. 

68. Proceedings in equity; duties of district 

attorneys. 


j Sec. 

69. Commission may require attendance and 

testimony of witnesses. 

70. No person excused from testifying on 

ground that testimony would incrimi¬ 
nate him. 

71. Punishment for refusal to testify. 

72. Testimony by deposition may be taken. 

73. Witness compelled to testify; manner of 

taking depositions, etc. 

74. Petition to Commission as to violations of 

law. 

75. Commission to investigate complaints of 

State commissions. 

76. Commission to hear complaints; may de¬ 

termine reasonable rates; when orders 
to take effect. 

77. Commission to determine propriety of 

new rates, classifications, etc.; suspen¬ 
sion of until decision; upon whom bur¬ 
den of proof. 

78. Commission may establish through 

routes, joint rates, etc.; what routes to 
embrace; water connection included, 
etc. 

79. Shipper may designate route of shipment; 

through bill of lading to be issued, etc. 

80. Shipping facilities furnished by shipper; 

allowance for, etc.; powers conferred 
upon Commission not to exclude other 
powers. 

81. Unlawful for carrier to disclose informa¬ 

tion respecting shipments, etc.; pen¬ 
alty. 

t2. Proceedings in district courts for viola¬ 
tions, and for refusal to obey order of 
Commission. 

83. Commission may grant rehearing; rehear¬ 

ing not to suspend operation of order. 

84. Written reports of investigation to be 

made by Commission. 

85. Order of Commission to be enforced by 

proceedings in district court. 

86. Appeal allowed to Supreme Court. 

87. Commission may require carriers to file 

annual and monthly reports; may re¬ 
quire uniform system of accounts. 

88. Commission, to have access to accounts, 

etc., of carriers; may prescribe forms of 
accounts which shall be kept; penalty 
for refusing to keep; agent not to di¬ 
vulge information; penalty. 

89. District courts may issue writ of manda¬ 

mus to compel compliance with this Act. 


94 









EXISTING LAW. 











































































































REPORT OF THE COMMISSION. 


Interstate Com¬ 
merce Commission 
created; appoint¬ 
ment; term of serv¬ 
ice, etc. 

Texas, etc., R. 
Co. v. Interstate 
Commerce Com¬ 
mission, 162 U. S., 
197; 19 A. G. Op., 
00 . 


Sec. 

90. District court may issue mandamus to 

compel equal facilities. 

91. Compulsory attendance of witnesses; to 

whom immunity from prosecution 
shall extend. 

92. Willfully making false entries in accounts 

or keeping unauthorized accounts, etc.; 
penalty. 


Sec. 

93. Forfeitures to be recovered in civil suit; 

district attorney to prosecute, etc. 

94. Assistant to Attorney General, etc. 

95. Existing remedies not affected. 

96. Causes pending on June 29, 1906; how 

prosecuted. 

97. Prior acts and proceedings of Commission 

not impaired. 


1 Sec. 43. A Commission is hereby created and estab- 

2 lished to be known as the Interstate Commerce Commission, 

3 which shall be composed of seven members, who shall be 

4 appointed by the President by and with the advice and con- 

5 sent of the Senate, and not more than four of whom shall be 

6 appointed from the same political party. Any Commissioner 

7 may be removed by the President for inefficiency, neglect of 

8 duty, or malfeasance in office. The successors of said Com- 

9 missioners shall be appointed for the full term of seven years, 

10 except that any person appointed to fill a vacancy shall be 

11 appointed only for the unexpired term of the Commissioner 

12 whom he shall succeed. No person in the employ of or 

13 holding any official relation to any common carrier subject to 

14 the provisions of this chapter or of chapter one of this Act, or 

15 owning stocks or bonds thereof, or who is in any manner 

16 pecuniarily interested therein, shall enter upon the duties 

17 of or hold such office. Said commissioners shall not engage 

18 in any other business, vocation, or employment. No vacancy 

19 in the Commission shall impair the right of the remaining 

20 commissioners to exercise all the powers of the Commission. 

21 [4 Feb., 1887, 24 Stat. L., 383, c. 104, s. 11; 1 Supp., 531. 

22 29 June, 1906, 34 Stat. L., 595, c. 3591, s. 8.] 


9G 



EXISTING LAW. 


SEC. 43. 

CHAP. 104.—An Act To regulate commerce. Fob. 4, 1887. 

24 Stat. I,., 379, 
c. 104; I Supp., 
529. 

Sf.c. 11. That a Commiss’on is hereby created and established to be Inter-State flora- 
known as the Inter-State Commerce Commiss'on, which shad be com- Commission 
posed o f fi^e Commissionem, who shad be aopomted by the President, create • 
bv and with the advice and consent of the Senate. The Commissioners Appointment, 
first appointed under this act shall continue in oTce for the term of 
two. three, four. five, and six years, respectively, from the first day of 
January, anno Domini eighteen hundred and e ; ghtv-seven. the term of 
each to be designated bv the President: but their successors shad be 
appointed for terms of s : x years, except that anv person chosen to fill Term of service, 
a vacancy shall be appointed only for the unexnired term of the Com¬ 
missioner whom he shad succeed. Anv Commissioner may be removed Removal, 
bv the President for inefficiency,neglect of dutv.ormalfeasance in office. 

Not mom than three of the Commissioners shall be appointed from the 
sa've political party. No person in the employ of or holdinv anv official .N? person pecu- 
relation to any common carrier subiect to the provisions of this act, or j^Ynter slate^om* 
owning stock or bonds thereof, or who is in anv manner pecuniarilv in- carriers 6 eli^i- 
terested therein, shall enter upon the duties of or hold such oTce. ble. 

Said Commissioners shall not engage in any other business, vocation, 
or employment. No vacancy in the Commission shall impair the right 
of the remaining Commissioners to exercise all the powers of the Com¬ 
mission. 

SEC. 43. 

CHAP. 3591.—An Act To amend an Act entitled "An Act to regulate commerce.” June 29, 190(5, 34 
auoroved February fourth, eighteen hundred and eightv-seven. and all Acts amend- R t a t. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591. 

Sec. 8. That a new section be added to said Act at the end thereof, 
to be numbered as section twenty-four, as follows: 

“Sec. 24. That the Interstate Commerce Commission is hereby Interstate Com- 
enlarged so as to consist of seven members with terms of seven years, m ™i' ^and 

and each shall receive ten thousand dollars compensation annually. pay increased! a ° 
The oualifications of the Commissioners and the mannerof the payment 
of their salaries shall be as already provided by law. Such enlarge- Appointment of 
ment of the Commission shall be accomplished through appointment new members - 
bv the President, by and with the advice and consent of the Senate, 
of two additional Interstate Commerce Commissioners, one for a term 
expiring December thirty-first, nineteen hundred and eleven, one 
for a term expiring December thirty-first, nineteen hundred and 
twelve. The terms of the present Commissioners, or of any successor Expiration of 
appointed to fill a vacancy caused by the death or resignation of any terms - 
of the present Commissioners, shall expire as heretofore provided by 
law. Their successors and the successors of the additional Commis- Successors to 
sioners herein provided for shall be appointed for the full term of serve seven y ears - 
seven years, except that any person appointed to fill a vacancy shall 
be appointed only for the unexpired term of the Commissioner whom 
he shall succeed. Not more than four Commissioners shall be 
appointed from the same political party.” 


GS693—14-13 


97 


REPORT OF THE COMMISSION. 


Salary of Com- 1 
missioners, secre¬ 
tary, and em¬ 
ployees. 2 

B 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 

25 


Sec. 44. Each Commissioner shall receive an annual 
salary of ten thousand dollars, payable monthly in the same 
manner as the judges of the courts of the United States. 
The Commission shall appoint a secretary, who shall receive 
an annual salary of five thousand dollars, payable in like 
manner. The Commission shall have authority to employ 
and fix the compensation of such other employees as it may 
find necessary to the proper performance of its duties. Until 
otherwise provided by law, the Commission may hire suitable 
offices for its use, and shall have authority to procure all 
necessary office supplies. Witnesses summoned before the 
Commission shall be paid the same fees and mileage that are 
paid witnesses in the courts of the United States. All of 
the expenses of the Commission, including all necessary 
expenses for transportation incurred by the Commissioners, 
or by their employees under their orders in making any 
investigation, or upon official business in any other places 
than in the City of Washington, shall be audited by the proper 
accounting officers of the Treasury and allowed and paid 
on the presentation of itemized vouchers therefor approved 
by the chairman of the Commission. [4 Feb., 1887, 24 Stat. 
L., 386, c. 104, s. 18. 2 Mar., 1889, 25 Stat. L., 861, 
c. 382, s. 7; 1 Supp., 690, 698. 31 July, 1894, 28 Stat. L., 

210, c. 174; 2 Supp., 218. 29 June, 1906, 34 Stat. L., 
595, c. 3891, s. 8. 27 May, 1908, 35 Stat. L., 324, c. 200.] 


98 


EXISTING LAW. 


SEC. 44. 


CHAP. 104.—An Act To regulate commerce. 


Feb. 4, 1887. 

24 Stat. L„ 379, 
c. 104; I Supp., 
529, s. 18. 


CHAP. 382.—An Act To amend an Act entitled “An Act to regulate commerce,” 
proved February fourth, eighteen hundred and eighty-seven. 


ap- Mar. 2, 1889. 

25 Stat. L., 855, 
863, c. 382, s. 7; I 
Supp., 690. 


Sec. 7. That section eighteen of said act is hereby amended so as Amendments to 
to lead as follows: Se< Voi n 24 8 

“Sec. 18. That each Commissioner shall receive an annual salary Salaries P 
of seven thousand five hund.ed dollars, payable in the same manner 
as the judges of the couits of the United States. The Commission 
shall appoint a sec: eta y, who shall receive an annual salary of 
th ee tnousand five hund ed dollars, payable in like manner. The 
Commission shall have authority to employ and fix the compensation Commission to 
of such other employees as it may find necessary to the proper per- a PP ointeui Payees 
formance of its duties. Until otherwise provided by law, the Com- Offices, 
mission may hire suitable offices for its use, and shall have authority 
to procure all necessary office supplies. Witnesses summoned before Witnesses, 
the Commission shall be paid the same fees and mileage that are paid 
witnesses in the courts of the United States. 

“All of the expenses of the Commission, including all necessary ex- Expenses, 
penses for tr ansportation incurred by the Commissioners, or by their 
employes under their orders, in making any investigation, or upon 
official business in any other places than in the City of Washington, 
shall be allowed and paid on the presentation of itemized vouchers 
therefor approved by the chairman of the Commission.” 


CHAP. 174.—An Act Making appropriations for the legislative, executive, and judicial July 31, 1894, 28 
expenses of the Government for the fiscal year ending June thirtieth, eighteen Stat. L., 210, c. 
hundred and ninety-five, and for other purposes. 174, s. 13. 


Sec. 13. * * * 

Judges receiving salaries from the Treasury of the United States Monthly payment 
shall be paid monthly by the disbuising ofi cer of the Depaitment of of salaries, etc. 
Justice, and to him all ceitificates of nonabsence or of the cause of 
absence of judges in the Territories shall be sent. Interstate Com¬ 
merce Commissioners and other ofi cers, now paid as judges are, shall 
be paid monthly by the proper disbuising officer or officeis. 


CHAP. 200.—An Act Making appropriations for sundry civil expenses of the Govern- May 27, 1903, 35 
ment for the fiscal year ending June thirtieth, nineteen hundred and nine, and for Stat. L., 324, c. 
other purposes. 200. 


INTERSTATE COMMERCE COMMISSION. Interstate Com¬ 

merce Commis- 

For salaries of seven Commissioners, at ten thousand dollars each, ‘ Salaries of Corn- 
seventy thousand dollars. missiuuers. 

For salary of secretary, five thousand dollars. Secretary. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906,34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 8. 

Sec. 8. That a new section be added to said Act at the end thereof, 
to be numbered as section twenty-four, as follows: 

“Sec. 24. That the Interstate Commerce Commission is hereby 
enlarged so as to consist of seven members with terms ol seven years, Membership and 
and each shall receive ten thousand dollars compensation annually, pay increased. 



REPORT OF THE COMMISSION. 


Principal office 
of commission, at 
Washington. 


Physical valu¬ 
ation of property 
of common car¬ 
riers. 

Investigation by 
commission. 

Experts, etc. 


Classification 
and inventory. 


1 Sec. 45. The principal office of the commission shall 

2 be in the city of Washington, where its general sessions 

3 shall be held; but whenever the convenience of the public 

4 or of the parties may be promoted or delay or expense pre- 

5 vented thereby, the commission may hold special sessions in 

6 any part of the United States. It may by one or more of the 

7 commissioners prosecute any inquiry necessary to its duties, 

8 in any part of the United States, into any matter or question 

9 of fact pertaining to the business of any common carrier 

10 subject to the provisions of this chapter or of chapter one of 

11 this Act . [4 Ueb., 1887, 24 Stat. L., 386, c. 104, s. 19; 

12 1 Supp., 532.] 

13 Sec. 46. The commission shall, as hereinafter pro- 

14 vided, investigate, ascertain, and report the value of all the 

15 property owned or used by every common carrier subject to 

16 the provisions of this chapter and of chapter one of this Act. 

17 To enable the commission to make such investigation and 

18 report, it is authorized to employ such experts and other as- 

19 sistants as may be necessary. The commission may appoint 

20 examiners who shall have power to administer oaths, examine 

21 witnesses, and take testimony. The commission shall make 

22 an inventory which shall list the property of every common 

23 carrier subject to the provisions of this chapter and of chapter 

24 one of this Act in detail, and show- the value thereof as herein- 


100 



EXISTING LAAV. 


SEC. 45. 

CHAP. 104.—An Act To regulate commerce. Feb. 4 t 1887. 

24 Stat. L., 379; 
c. 104, s. 19; I 
Supp., 529. 

Sec. 19. That the principal office of the Commission shall be in the Sessions, 
city of Washington, where its general sessions shall be held; but when¬ 
ever the convenience of the public or of the parties may be promoted or 
delay or expense prevented thereby, the Commission may hold special 
sessions in any part of the United States. It may, by one or more of 
the Commissioners, prosecute any inquiry necessary to its duties, in any 
part of the United States, into any matter or question of fact pertaining 
to the business of any common carrier subject to the provisions of this 
act. 


[ SEC. 46. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eigtheen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Act entitled “An Act Interstate com- 
to regulate commerce,” approved February fourth, eighteen hundred regulations, 
and eighty-seven, as amended, be further amended by adding thereto amended ’ P ’ 386, 
a new section, to be known as section nineteen a, and to read as Physical valu- 
follows: ation of property 

Sec. 19a. That the commission shall, as hereinafter provided, of common car- 
investigate, ascertain, and report the value of all the property owned "investigation by 
or used by eveiy common carrier subject to the provisions of this Act. Commission. 

To enable the commission to make such investigation and report, it Experts, etc. 
is authorized to employ such experts and other assistants as may be 
necessary. The commission may appoint exammeis who shall have 
power to administer oaths, examine witnesses, and take testimony. 

The commission shall make an inventoi y which shall list the propel ty Classif i c a t i o n 
of eveiy common earlier subject to the provisions of this Act in detail, and inventor y- 
and show the value thereof as hereinafter provided, and shall classify 
the physical property, as neai ly as practicable, in conformity with the 
classification of expenditures for road and equipment, as prescribed by 
the Intel state Commerce Commission. * * * 


101 


REPORT OF THE COMMISSION. 


Cost of property 
used for common 
carrier purposes. 


Other property. 


Value of real 
property. 


1 after provided, and shall classify the physical property, as 

2 nearly as practicable, in conformity with the classification 

3 of expenditures for road and equipment, as prescribed by the 

4 Interstate Commerce Commission. [1 Mar., 1913, 37 Stat. 

5 L., 701, c. 92, s. 1.] 

6 Sec. 47. In such investigation said commission shall 

7 ascertain and report in detail as to each piece of property 

8 owned or used by said common carrier for its purposes as a 

9 common carrier, the original cost to date, the cost of repro- 

10 duction new, the cost of reproduction less depreciation, and 

11 an analysis of the methods by which these several costs are 

12 obtained, and the reason for their differences, if any. The 

13 commission shall in like manner ascertain and report sepa- 

14 rately other values, and elements of value, if any, of the 

15 property of such common carrier, and an analysis of the 

16 methods of valuation employed, and of the reasons for any 

17 differences between any such value and each of the foregoing 

18 cost values. [1 Mar., 1913, 37 Stat. L., 701, c. 92, s. 2.] 

19 Sec. 48. Such investigation and report shall state 

20 in detail and separately from improvements the original 

21 cost of all lands, rights of way, and terminals owned or used 

22 for the purposes of a common carrier, and ascertained as of 

23 the time of dedication to public use, and the present value 

24 of the same, and separately the original and present cost of 


103 


EXISTING LAW. 


SEC. 47. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,’’ ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * First. In such investigation said commission shall ascer- Cost of property- 

tain and report in detail as to each piece of property owned or used by use( J lor common 
said common carrier lor its puiposis as a common carrier, the ongmal r r 
cost to date, the cost of reproduction new, the cost of reproduction less 
depreciation, and an analysis of the methods by which these several 
costs are obtained, and the reason for their differences, if any. The Other property, 
commission shall in like manner ascertain and report separately 
other values, and elements of value, if any, of the property of such 
common carrier, and an analysis of the methods of valuation em¬ 
ployed, and of the reasons for any differences between any such value, 
and each of the foregoing cost values. * * * 


SEC. 48. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a vaulation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

****** *• 

“Second. Such investigation and report shall state in detail and Value of real 
separately from improvements the original cost of all lands, rights of P ro P ert y- 
way, and terminals owned or used for the puiposes of a common car¬ 
rier, and ascertained as of the time of dedication to public use, and the 
present value of the same, and separately the original and present cost 
of condemnation and damages or of purchase in excess of such oiiginal 
cost or present value. * * * 


103 



RErOIiT OF THE COMMISSION, 


1 

2 

3 

Property held * 
for other than com- ^ 
mon carrier pur¬ 
poses. f, 

5 

6 

7 

8 
9 

Corporate organi- .. ~ 
zation. 10 

11 

12 

13 

14 

Stocks, bonds, ~ 
etc. 15 

16 

17 

18 

19 

20 

Earnings and ex- n-i 
penditures. ^ 

22 

23 

24 


condemnation and damages or of purchase in excess of such 
original cost or present value. [1 Mar., 1913, 37 Stat. L., 
701, c. 92, s. 3.] 

Sec. 49. Such investigation and report shall show 
separately the property held for purposes other than those of 
a common carrier, and the original cost and present value 
of the same, together with an analysis of the methods of 
valuation employed. [1 Mar., 1913, 37 Stat. L., 701, 
c. 92, s. 4.] 

Sec. 50. In ascertaining the original cost to date of 
the property of such common carrier the commission, in addi¬ 
tion to such other elements as it may deem necessary, shall 
investigate and report upon the history and organization of 
the present and of any previous corporation operating such 
property; upon any increases or decreases of stocks, bonds, 
or other securities, in any reorganization; upon moneys 
received by any such corporation by reason of any issues of 
stocks, bonds, or other securities; upon the syndicating, 
banking, and other financial arrangements under which such 
issues were made and the expense thereof; and upon the net 
and gross earnings of such corporations; and shall also ascer¬ 
tain and report in such detail as may be determined by the 
commission upon the expenditure of all moneys and the 
purposes for which the same were expended. [1 Mar., 1913, 

37 Stat. L., 701, c. 92, s. 5.] 

104 


25 


EXISTING LAW. 



SEC. 49. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eigtheen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

* * * * * . * * 

“Third. Such investigation and report shall show separately the Property h e 1 d 
property held for purposes other than those of a common carrier, and forotIier com - 
the original cost and present value of the same, together with an p0 g ea rrer pur ’ 
analysis of the methods of valuation employed. * * * 


SEC. 50. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a vaiuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

******* 

“Fourth, in ascertaining the original cost to date of the property Corporate organi- 
of such common carrier the commission, in addition to such other ele- zatlon * 
ments as it may deem necessary, shall investigate and report upon the 
history and organization of the present and of any previous corpora¬ 
tion operating such property; upon any increases or decreases of Stocks, bonds, 
stocks, bonds, or other securities, in any reorganization; upon moneys etc * 
received by any such corporation by reason of any issues of stocks, 
bonds, or other securities; upon the syndicating, banking, and other 
financial arrangements under which such issues were made and the 
expense thereof; and upon the net and gross earnings of such corpora- Earnings and ex- 
tions; and shall also ascertain and report in such detail as may be P enc ^ lure3, 
determined by the commission upon the expenditure of all moneys 
and the purposes tor which the same were expended. * * * 


105 


(5SG93—14-14 



ItErORT OF THE COMMISSION. 


Grants, etc., 
from United States, 
States, etc. 


Value of land 
grants. 


Concessions, 
etc., made by car¬ 
rier. 


Method of pro¬ 
cedure. 


1 Sec. 51. The commission shall ascertain and report 

2 the amount and value of any aid, gift, grant of right of way, 

3 or donation, made to any such common carrier, or to any 

4 previous corporation operating such property, by the Govern- 

5 ment of the United States or by any State, county, or munici- 

6 pal government, or by individuals, associations, or corpora- 

7 tions; and it shall also ascertain and report the grants of land 

8 to any such common carrier, or any previous corporation oper- 

9 ating such property, by the Government of the United States, 

10 or by any State, county, or municipal government, and the 

11 amount of money derived from the sale of any portion of such 

12 grants and the value of the unsold portion thereof at the time 

13 acquired and at the present time, also, the amount and value 

14 of any concession and allowance made by such common carrier 

15 to the Government of the United States, or to any State, 

16 county, or municipal government, in consideration of such 

17 aid, gift, grant, or donation. [1 Mar., 1913, 37 Stat. L., 

18 702, c. 92, s. 6.] 

19 Sec. 52. Except as herein otherwise provided, the 

20 commission shall have powder to prescribe the method of 

21 procedure to be followed in the conduct of the investigation, 

22 the form in W'hich the results of the valuation shall be sub- 

23 mitted, and the classification of the elements that constitute 

24 the ascertained value, and such investigation shall show the 

10G 


EXISTING LAW. 


SEC. 51. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“Fifth. The commission shall ascertain and report the amount and , Grants, etc., 
value of any aid, gift, grant of right of way, or donation, made to any States ’ 

such common carrier, or to any previous corporation operating such ’ 
property, by the Government of the Lnited States or by any State, 
county, or municipal government, or by individuals, associations, or 
corporations; and it shall also ascertain and report the grants of land Value of land 
to any such common carrier, or any previous corporation operating grants - 
such property, by the Government of the I nitcd States, or by any 
State, county, or municipal government, and the amount of money 
derived from the sale of any portion of such grants and the value of 
the unsold portion thereof at the time acquired and at the present 
time, also, the amount and value of any concession and allowance Concessions, 
made by such common carrier to the Government of the I’nited ^ r ” made by car ' 
States, or to any State, county, or municipal government in considera¬ 
tion of such aid, gift, grant, or donation. * * * 


SEC. 52. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a vaulation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * Except as herein otherw ise provided, the commission Method of pro- 

shall have pow er to prcsciibe the method of procedure to he follow ed ce ure - 
in the conduct of the investigation, the form in w hich the results of the 
valuation shall be submitted, and the classification of the elements 
that constitute the asceitained value, and such investigation shall 
show the value of the property of every common carrier as a w hole and 
separately the value of its propeitv in each of the several States 
and Territories and the District of Columbia, classified and in detail 
as herein required. * * * 




REPORT OF THE COMMISSION. 


Prosecution and 
report of investi¬ 
gation. 


Documents, etc., 
to aid investiga¬ 
tion. 


Access of agents 
to property. 


T3 


Effect of rules, 
etc. 


1 value of the property of every co mm on carrier as a whole and 

2 separately the value of its property in each of the several 

3 States and Territories and the District of Columbia, classified 

4 and in detail as herein required. [1 Mar., 1913, 37 Stat. L., 

5 702, c. 92, s. 7.] 

6 Sec. 53. Such investigation shall be prosecuted with 

7 diligence and thoroughness, and the result thereof reported to 

8 Congress at the beginning of each regular session until com- 

9 pleted. [1 Mar., 1913, 37 Stat. L., 702, c. 92.] 

10 Sec. 54. Every common carrier subject to the pro- 

11 visions of this chapter and of chapter one of this Act shall 

12 furnish to the commission or its agents from time to time and 

13 as the commission may require maps, profiles, contracts, 

14 reports of engineers, and any other documents, records, and 

15 papers, or copies of any or all of the same, in aid of such inves- 

16 tigation and determination of the value of the property of said 

17 common carrier, and shall grant to all agents of the coinmis- 

18 sion free access to its right of way, its property, and its 

19 accounts, records, and memoranda whenever and wherever 

20 requested by any such duly authorized agent, and every 

21 common carrier is hereby directed and required to cooperate 

22 with and aid the commission in the work of the valuation of 

23 its property in such further particulars and to such extent as 

24 the commission may require and direct, and all rules and 


108 


EXISTING LAW. 


SEC. 53. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce/' ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * Such investigation shall bo commenced within sixty days Prosecution and 
after the approval of this Act and shall be prosecuted with diligence ^ e P. ort of i nv osti- 
and thoroughness, and the result thereof reported to Congress at the sauon ‘ 
beginning of each regular session thereafter until completed. * * * 

SEC. 54. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * Every common carrier subject to the provisions of this Documents, etc., 
Act shall furnish to the commission or its agents from time to time and ^ on aid investl S a ‘ 
as the commission may require maps, profiles, contracts, reports of en¬ 
gineers, and any other documents, recoids, and papers, or copies of 
any or all of the same, in aid of such investigation and determination 
of the value of the property of said common carrier, and shall grant Access of agents 
to all agents of the commission free access to its right of way, its to P ro P ert y- 
property, and its accounts, recoids, and memoranda whenever and 
wherever requested by any such duly authorized agent, and every 
common carrier is hereby directed and required to cooperate with 
and aid the commission in the work of the valuation of its property 
in such further particulars and to such extent as the commission may 
require and direct, and all rules and regulations made by the com- Effect of rules, 
mission for the purpose of administering the provisions of this sec- et y ol 34 593 . 

tion and section twenty of this } ct shall have the full force and Vol 36 p ’ 5 56 ’ 

effect of law. b nless otherw ise ordered by the commission, w ith the Public inspec- 
reasons therefor, the records and data of the commission shall be tion of records, 
open to the inspection and examination of the public. * * * etc - 


109 



REPORT OF THE COMMISSION. 


Public inspec¬ 
tion of records, 
etc. 


Valuation of ex¬ 
tensions and im¬ 
provements. 


Reports to Con¬ 
gress. 


Information re¬ 
quired of carriers. 


1 regulations made by the commission for the purpose of admin- 

2 istering the provisions of this chapter shall have the full force 

3 and effect of law. Unless otherwise ordered by the com- 

4 mission, with the reasons therefor, the records and data of the 

5 commission shall be open to the inspection and examination 

6 of the public. [1 Mar., 1913, 37 Stat. L., 702, c. 92.] 

7 Sec. 55. Upon the completion of the valuation 

8 herein provided for the commission shall thereafter in like 

9 manner keep itself informed of all extensions and improve- 

10 ments or other changes in the condition and value of the 

11 property of all common carriers, and shall ascertain the value 

12 thereof, and shall from time to time revise and correct its 

13 valuations, showing such revision and correction classified 

14 and as a whole and separately in each of the several States 

15 and Territories and the District of Columbia, which valu- 

16 ations, both original and corrected, shall be tentative valu- 

17 ations and shall be reported to Congress at the beginning of 

18 each regular session. [1 Mar., 1913, 37 Stat. L., 702, c. 92.] 

19 Sec. 56. To enable the commission to make such 

20 changes and corrections in its valuations of each class of 

21 property, every common carrier subject to the provisions of 

22 this chapter and of chapter one of this Act shall make such 

23 reports and furnish such information as the commission may 

24 require. 


110 


EXISTING LAW. 


SEC. 55. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

* * Upon the completion of the Valuation herein provided Valuation of ex- 

for the commission shall thereafter in like manner keep itself informed tensions and im ' 
of all extensions and improvements or other changes in the condition p ° m ' s ' 
and value of the property of all common carriers, and shall ascertain 
the value thereof, and shall from time to time, revise and correct its 
valuations, showing such revision and correction classified and as a 
whole and separately in each of the several States and Territories 
and the District of Columbia, which valuations, both original and 
corrected, shall be tentative valuations and shall be reported to Reports to Con- 
Congress at the beginning of each regular session. * * * gress - 


SEC. 56. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- ^ Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * To enable the commission to make such changes and Information re- 

corrections in its valuations of each class of property, every common qmred 0 camer9 - 
carrier subject to the provisions of this Act shall make such reports and 
furnish such information as the commission may require. * * * 


111 


Notice of com¬ 
pletion of tenta¬ 
tive valuation. 


Finality if no 
protest filed. 


Hearings of pro¬ 
tests. 


Changes. 


Effect of final 
valuation and 
classification. 


REPORT OF THE COMMISSION. 

1 Sec. 57. Whenever the commission shall have com- 

2 pleted the tentative valuation of the property of any common 

3 carrier, as herein directed, and before such valuation shall 

4 become final, the commission shall give notice by registered 

5 letter to the said carrier, the Attorney General of the United 

6 States, the governor of any State in which the property so 

7 valued is located, and to such additional parties as the com- 

8 mission may prescribe, stating the valuation placed upon the 

9 several classes of property of said carrier, and shall allow 

10 thirty days in which to file a protest of the same with the 

11 commission. If no protest is filed within thirty days, said 

12 valuation shall become final as of the date thereof. [1 Mar., 

13 1913, 37 Stat. L., 703, c. 92.] 

14 Sec. 58. If notice of protest is filed the commission 

15 shall fix a time for hearing the same, and shall proceed as 

16 promptly as may be to hear and consider any matter relative 

17 and material thereto which may be presented in support of any 

18 such protest so filed as aforesaid. If after hearing any protest 

19 of such tentative valuation under the provisions of this chapter 

20 the commission shall be of the opinion that its valuation should 

21 not become final, it shall make such changes as may be 

22 necessary, and shall issue an order making such corrected 

23 tentative valuation final as of the date thereof. All final 

24 valuations by the commission and the classification thereof 


112 


EXISTING LAW. 


SEC. 57. 

CHAP. 92.—An Act To amend an Act entitled "An Act to regulate commerce/' ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * Whenever the commission shall have completed the ten- Notice of com- 

tative valuation of the property of any common carrier, as herein jj^yaluatiorf 114 *" 
directed, and before such valuation shall become final, the commission 
shall give notice by registered letter to the said carrier, the Attorney 
General of the United States, the governor of any State in which the 
property so valued is located, and to such additional parties as the 
commission may prescribe, stating the valuation placed upon the . 
several classes of property of said carrier, and shall allow thirty days 
in which to file a protest of the same with the commission. If no Finality if no 
protest is filed within thirty days, said valuation shall become final P rotest 
as of the date thereof. * * * 


SEC. 58. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * If notice, of protest is filed the commission shall fix a time Heari of pro . 

for hearing the same, and shall proceed as promptly as may be to hear tests . gs p 

and consider any matter relative and material thereto which may be 
presented in support of any such protest so filed as aforesaid. If changes, 
after hearing any protest of such tentative valuation under the pro¬ 
visions of this Act the commission shall be of the opinion that its 
valuation should not become final, it shall make such changes as may 
be necessary, and shall issue an order making such corrected tenta¬ 
tive valuation final as of the date thereof. All final valuations by Effect of final 
the commission and the classification thereof shall be published and valuation and 
shall be prima facie evidence of the value of the property in all pro- classification, 
ceedings under the Act to regulate commerce as of the date of the 
fixing thereof, and in all judicial proceedings for the enforcement of 
the Act approved February fourth, eighteen hundred and eighty- voi. 24, p. diu. 
seven, commonly known as “the Act to regulate commerce,” and the 
various Acts amendatory thereof, and in all judicial proceedings 
brought to enjoin, set aside, annul, or suspend, in whole or in part, 
any order of the Interstate Commerce Commission. * * * 


68693—14-15 


113 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

7 

8 

Effect of evi- 9 
dence offered in 
court as to differ¬ 
ent values. 

11 

12 

13 

14 

Transmission to 15 
commission. 

16 

Action of com- 17 
mission. 

18 

19 

20 
21 
22 

Modification of 23 

order. 


shall be published and shall he prima facie evidence of the 
value of the property in all proceedings under this chapter 
and chapter one of this Act as of the date of the fixing thereof, 
and in all judicial proceedings for the enforcement of the 
provisions of this chapter and chapter one of this Act, and in 
all judicial proceedings brought to enjoin, set aside, annul, or 
suspend, in whole or in part, any order of the Interstate Com¬ 
merce Commission. [1 Mar., 1913, 37 Stat. L., 703, c. 92.] 
Sec. 59. If upon the trial of any action involving a 
final value fixed by the commission, evidence shall he intro¬ 
duced regarding such value which is found by the court to be 
different from that offered upon the hearing before the commis¬ 
sion, or additional thereto and substantially affecting said value, 
the court, before proceeding to render judgment shall trans- 
ini t a copy of such evidence to the commission, and shall stay 
further proceedings in said action for such time as the court 
shall determine from the date of such transmission. Upon 
the receipt of such evidence the commission shall consider 
the same and may fix a final value different from the one fixed 
in the first instance, and may alter, modify, amend, or re¬ 
scind any order which it has made involving said final value, 
and shall report its action thereon to said court within the 
time fixed by the court. If the commission shall alter, 


114 


EXISTING LAW. 


SEC. 59. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a vaiuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

* * * If upon the trial of any action involving a final value fixed Effect of evi- 

by the commission, evidence shall be introduced regarding such value dence offered in 
which is found by the court to be different from that offered upon the c U*rt j 18 t0 cliffer * 
hearing before the commission, or adaitional thereto and substantially en va ues ‘ 
affecting said value, the court, before proceeding to render judgment 
shall transmit a copy of such evidence to the commission, and shall Transmission to 
stay further proceedings in said action for such time as the court Commission, 
shall determine from the date of such transmission. Upon the Action of Corn- 
receipt of such ev idence the commission shall consider the same and mission, 
may fix a final value different from the one fixed in the first instance, 
ana may alter, modify, amend or rescind any order which it has made 
involving said final value, and shall report its action thereon to said 
court within the time fixed by the court. If the commission shall Modification of 
alter, modify, or amend its orcer, such altered, modified, or amended order - 
or^er shall take the place of the original orcer complained of and 
judgment shall be rendered thereon as though mace by the commis- j ll( j emen t 0 n 
sion in the first instance. If the original orcer shall not be rescinded original or d er if 
or changed by the commission, judgment shall be rendered upon such not changed, 
original order. * * * 


REPORT OF THE COMMISSION. 


Judgment on 
original order if 
not changed. 


Applicable to re¬ 
ceivers, etc. 


Penalty for non- 
compliance with 
requirements. 


1 modify, or amend its order, such altered, modified, or amended 

2 order shall take the place of the original order complained of 

3 and judgment shall be rendered thereon as though made by 

4 the commission in the first instance. If the original order 

5 shall not be rescinded or changed by the commission, judg- 

6 ment shall be rendered upon such original order. [1 Mar., 

7 1913, 37 Stat. L., 703, c. 92.] 

8 Sec. GO. The provisions of sections forty-six to sixty-one, 

9 both inclusive , shall apply to receivers of carriers and operating 

10 trustees. In case of failure or refusal on the part of any 

11 carrier, receiver, or trustee to comply with all the require- 

12 ments of said sections and in the manner prescribed by the 

13 commission such carrier, receiver, or trustee shall forfeit to 

14 the United States the sum of five hundred dollars for each such 

15 offense and for each and every day of the continuance of such 

16 offense, such forfeitures to be recoverable in the same manner 

17 as other forfeitures provided for in sections eiglity-two , eighty- 

18 five, and ninety-three of this Act . [1 Mar., 1913, 37 Stat. 

19 L., 703, c. 92.] 


11G 


EXISTING LAW. 


SEC. 60. 

CHAP. 92.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

“* * * The provisions of this section shall apply to receivers of Applicable to re- 

carriers and operating trustees. In case of failure or refusal on the port ce pe,^h el< f or Ilon 
of any carrier, receiver, or trustee to comply with all the requirements compliance 01 with 
of this section and in the manner prescribed by the commission such requirements, 
carrier, receiver, or trustee shall forfeit to the United States the sum 
of five hundred dollars for each such offense and for each and every 
day of the continuance of such offense, such forfeitures to be recov¬ 
erable in the same manner as other forfeitures provided for in section 
sixteen of the Act to regulate commerce. * * * 


RErORT OF THE COMMISSION. 


Jurisdiction of 
district courts to 
compel compli¬ 
ance. 


Proceedings of 
Commission, rules, 
quotum, appear- 
ances, etc. 


1 Sec. 61. The district courts of the United States shall 

2 have jurisdiction, upon the application of the Attorney General 

3 of the United States at the request of the commission, alleging 

4 a failure to comply with or a violation of any of the provi- 

5 sions of this section by any. common carrier, to issue a writ 

6 or writs of mandamus commanding such common carrier to 

7 comply with the provisions of the fifteen foregoing sections. 

8 [1 Mar., 1913, 37 Stat. L., 703, c. 92.] 

9 Sec. 62. The Commission may conduct its proceed- 

10 ings in such manner as will best conduce to the jjroper dis- 

11 patch of business and to the ends of justice. A majority of 

12 the Commission shall constitute a quorum for the transaction 

13 of business, but no Commissioner shall participate in any 

14 hearing or proceeding in which he has any pecuniary interest. 

15 Said Commission may, from time to time, make or amend 

16 such general rules or orders as may be requisite for the order 

17 and regulation of proceedings before it, including forms of 

18 notices and the service thereof, which shall conform, as 

19 nearly as may be, to those in use in the courts of the United 

20 States. Any party may appear before said Commission and 

21 be heard, in person or by attorney. Every vote and official 

22 act of the Commission shall be entered of record, and its 

23 proceedings shall be public upon the request of either party 


118 


EXISTING LAW. 


SEC. 61. * • 

CHAP. 92.— An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 1, 1913, 37 
proved February fourth, eighteen hundred and eighty-seven, and all Acts amenda- Stat. L., 701, 702, 
tory thereof by providing for a valuation of the several classes of property of carriers 703. 
subject thereto and securing information concerning their stocks, bonds, and 
other securities. 

u * * * That the district courts of the United States shall have Jurisdiction of 

jurisdiction, upon the application of the Attorney General of theUnited district courts to 
States at the request of the commission, alleging a failure to comply ^ pe 1 com P ll_ 
with or a violation of any of the provisions of this section by any 
common carrier, to issue a writ or writs of mandamus commanaing 
such common carrier to comply with the provisions of this section.” 


SEC. 62. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104; s. 17; I 
Supp., 529. 

CHAP, 382.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2, 1889. 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c. 382; s. 6; 
Supp., I 690. 


Sec. 6 . That section seventeen of said act is hereby amended so as Amendments to 
to read as follows: _ ^VoTo^'p 355 

“Sec. 17. That the Commission may conduct its proceedings in Cond “ c ’ t 0 f pr0 . 
such manner as will best conduce to the proper dispatch of business cee dings of Com- 
and to the ends of justice. A majority of the Commission shall con- mission, 
stitute a quorum for the transaction of business, but no Commis¬ 
sioner shall pa- ticipato in any hea ing or proceeding in which he has 
any pecuniary interest. Said Commission may, from time to time, 
make or amend such general rules or ordc s as may be requisite for 
the order and regulation of proceedings before it, including fonns of 
notices and the service thereof, which shall conform, as nearly as 
may be, to those in use in the cou: ts of the United States. Any party 
may appear befo e said Commission and be hea'd, in person or by 
attorney. Every vote and official act of the Commission shall be Record of votes 
ento ed of record, and its proceedings shall be public upon the re- audacts - 
quest of either pa ty inte" ested. Said Commission shall have an offi¬ 
cial seal, which shall be judicially noticed. Either of the members 
of the Commission may administer oaths and affirmations and sign Subpoenas, 
subpoenas.” 



1 

2 

3 

4 

5 

Reports and de- 0 
cisions may bo 
published by Com¬ 
mission. y 

Robinson v. B. 

& O. R. R. Co., 

222 U. S., 506. g 

9 

10 

11 

12 

13 

14 

15 

16 
17 

Annual' report of 18 
Commission to 
Congress. 

19 

20 
21 
22 
23 


REPORT OF THE COMMISSION. 

interested. Said Commission shall have an official seal, 
which shall be judicially noticed. Either of the members 
of the Commission may administer oaths and affirmations and 
sign subpoenas. [4 Feb., 1887, 24 Stat. L., 385, c. 104, s. 
17. 2 Mar., 1889, 25Stat. L., 861, c. 382, s. 6; 1 Supp., 690.] 

Sec. 63. The Commission may provide for the pub¬ 
lication of its reports and decisions in such form and manner 
as may be best adapted for public infonnation and use; and 
such authorized publications shall be competent evidence of 
the reports and decisions of the Commission therein con¬ 
tained, in all the courts of the United States, and of the 
several States, without any further proof or authentication 
thereof. The Commission may also cause to be printed for 
early distribution its annual reports. [4 Feb., 1887, 24 Stat. 
L., 384, c. 104, s. 14. 2 Mar., 1889, 25 Stat. L., 859, c. 

382, s. 4; 1 Supp., 688. 29 June, 1906, 34 Stat. L., 589, 

c. 3591, s. 3.] 

Sec. 64. The Commission shall, on or before the first 
day of December in each year, make a report, which shall 
be transmitted to Congress, and copies of which shall be dis¬ 
tributed as are the other reports transmitted to Congress. 
This report shall contain a statement showing in detail their 
expenditures for each fiscal year, including the names and 


120 


EXISTING LAW. 


SEC. 63. 

CHAP. 104. —An Act To regulate commerce. 4 jggy 

24 Stat. L., 379; 
c. 104, a. 14; I 
Supp., 529. 

CHAP. 382.-—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2 1889 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat L 855 

8G3, c. 382, V. 4; I 
Supp., 690. 

CHAP. 3591. An Act To amend an Act entitled “An Act to regulate commerce,” June 29 1906 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L.' 584' c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 3.’ 

Sec. 3. * * * 

The Commission may provide for the publication of its reports Publications, 
and decisions in such form and manner as may be best adapted for 
public information and use, and such authorized publications shall be Receivable as 
competent evidence of the reports and decisions of the Commission evidenc -e- 
therein contained in all courts of the United States and of the several 
States without any further proof or authentication thereof. The 
Commission may also cause to be printed for early distribution its 
annual reports.” 


SEC. 64. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., *379; 
c. 104; s. 21; I 
Supp., 529. 

CHAP. 382.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2, 1889. 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c. 382; s. 8; I 
Supp., 690, 

Sec. 8. That section twenty-one of said act is hereby amended so Amendments to 
as to read as follows: section 21. 

“Sec. 21. That the Commission shall, on or before the first day of Annual report of 
December in each year, make a report, which shall be transmitted Commission to be 
to Congress, and copies of which shall be distributed as are the other made direct to Con- 
reports transmitted to Congress. This report shall contain such in- ° ress * 
formation and data collected by the Commission as may be considered 
of value in the determination of questions connected with the regula¬ 
tion of commerce, together with such recommendations as to addi- 


68693—14-16 


121 


REFORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 
7 


8 


15 


Commission to i a 
inquire into busi- 
ness of common 
carriers; may ap- 
point special -*-1 
agents, etc. 

Cincinnati, etc., 

R. Co. v. Inter- 12 
state Commerce 
Commission, 162 
U. S., 184; Texas, 13 
etc., R. Co. v. In¬ 
terstate Commerce 
Commission, 162 1 A 
U. S., 197; Inter- 
state Commerce 
Commission v. Cin¬ 
cinnati, etc., R. 

Co., 167 U. S., 479; 
Interstate Com- 
merce Commission 16 
v. Alabama Mid¬ 
land R. Co., 168 
U. S., 144; Inter- yj 
state Commerce 
Commission v. 
Baird, 194 U. S., -| q 
25; Kentucky, 10 
etc., Bridge Co. v. 
Louisville, etc., R. 

Co., 37 Fed. Rept., 

567; Interstate 
Commerce Com¬ 
mission v. Cincin- 20 
nati, etc.,R. Co.,56 
Fed. Rep., 925; ib., 

64 Fed. Rep., 981; 91 
ib., 78 Fed. Rep., 

183; Interstate 
Commerce Com¬ 
mission v. Detroit, 
etc., R. Co., 57 
Fed. Rep., 1005; 90 
Interstate Com- " & 


19 


22 


number of persons employed and the amount of compensation 
to each, and such information and data collected by the 
Commission as may be considered of value in the determina¬ 
tion of questions connected with the regulation of commerce, 
together with such recommendations as to additional legisla¬ 
tion relating thereto as the Commission may deem necessary. 
[4 Feb., 1887, 24 Stat. L., 387, c. 104, s. 21. 2 Oct., 1888, 

25 Stat. L., 530, c. 1069; 1 Supp., 627. 2 Mar., 1889, 25 

Stat. L., 862, c. 382, s. 8; 1 Supp., 690.] 

Sec. 65. The Commission shall have authority to 
inquire into the management of the business of all common 
carriers subject to the provisions of this chapter and of chapter 
one of this Act, shall keep itself informed as to the manner 
and method in which the same is conducted, and shall have 
the right to obtain from such common carriers full and com¬ 
plete information necessary to enable the Commission to 
perform the duties and carry out the objects for which it was 
created. The Commission is authorized and required to 
execute and enforce the provisions of this chapter and of 
chapters one, three, and eight, of this Act, and, for that pur¬ 
pose, it is authorized to employ special agents or examiners, 
who shall have power to administer oaths, examine wit¬ 
nesses, and receive evidence. [4 Feb., 1887, 24 Stat. L., 


122 




EXISTING LAW. 


tional legislation relating thereto as the Commission may deem nec¬ 
essary; and the names and compensation of the persons employed by 
said Commission.” 

SEC. 61. 

CHAP. 1039.—An act making appropriations for sundry civil expenses of the Govern¬ 
ment for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, 
and for other purposes. 

That hereafter it shall he the duty of the Interstate Commerce 
Commission to include in their annual report to Congress a state¬ 
ment showing in detail their expenditures for each fiscal year, in¬ 
cluding the number of persons employed and the amount of compen¬ 
sation to each. 


SEC. 65. 

CHAP. 104.—An Act To regulate commerce. 


CHAP. 128.—An act to amend an act entitled “An act to regulate commerce,” 
approved February fourth, eighteen hundred and eighty-seven. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section twelve 
of an act entitled “An act to regulate commerce,” approved Feb¬ 
ruary fourth, eighteen hundred and eighty-sevCn, be, and it is hereby, 
amended so as to read as follows: 

“Sec. 12 . That the Commission hereby created shall have authority 
to inquire into the management of the business of all common carriers 
subject to the provisions of this act, and shall keep itself informed as 
to the manner and method in which the same is conducted, and shall 
have the right to obtain from such common carriers full and complete 
information necessary to enable the Commission to perform the 
duties and carry out the objects for which it was created; and the 
Commission is hereby authorized and required to execute and enforce 
the provisions of this act; * * * 

SEC. 65. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend¬ 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 

Sec. 7. * * * 

“And to carry out and give effect to the provisions of said Acts, or 
any of them, the Commission is hereby authorized to employ special 
agents or examiners who shall have power to administer oaths, examine 
witnesses, and receive evidence. * * * 

SEC. 65. 

CHAP. 2939.—An Act To promote the safety of employees and travelers upon railroads 
by limiting the hours of service of employees thereon. 

Sec. 4 . It shall be the duty of the Interstate Commerce Commission 
to execute and enforce the provisions of this Act, and all powers 
granted to the Interstate Commerce Commission arc hereby extended 
to it in the execution of this Act. 

123 


List of employees. 


October 2, 1888, 
25 Stat. L., 530. c. 
1089; 1 Supp., 627. 

Detailed state¬ 
ment to be made. 


Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 12; I 
Supp., 52J. 

Fob. 10, 1891. 

26 Stat. L., 743, 
744, c. 128, s. 1. 

Interstate Com¬ 
merce Commission. 

Vol. 24, p. 383, 
amended. 

Scope, etc., of 
commission. 


Enforcement of 
the law. 


June 29, 1906, 34 
Stat. L., 584, c. 
3591, s. 7. 


Special agents. 
Powers. 


Mar. 4, 1907, 34 
Stat. L. and 1417, 
c. 2939, s. 4. 

Enforcement. 


REPORT OF THE COMMISSION. 


1 383, c. 104, s. 12. 10 Feb., 1891, 26 Stat. L., 743, c. 128, 

2 s. 1:1 Supp., 891. 29 June, 1906, 34 Stat. L., 595, c. 3591, 

3 s. 7. 4 Mar., 1907. 34 Stat, L., 1417, c. 2939, s. 4. 30 

4 May, 1908, 35 Stat. L„ 476, c. 225, s. 4. 14 A.pr„ 1910, 

5 36 Stat. L., 299, c. 160, s. 6.] 


meree Commission 
v. Louisville, etc., 

R. Co., 73 Fed. 

Rep., 409; Inter¬ 
state Commerce 
Commission v. Le¬ 
high Valley R. Co., 

74 Fed. Rep., 784; 

Interstate Com¬ 
merce Commission 
v. Alabama Mid¬ 
land R. Co., 74 
Fed. Rep., 715; 

Farmers l L. andT. 

Co. v. Northern 
Pac. R.Co., 83 Fed. 

Rep., 249; Interstate Commerce Commission v. Northeastern R. Co., 83 Fed. Rep., 611; Inter¬ 
state Commerce Commission v. East Tennessee, etc., R. Co., 85 Fed. Rep., 107; Southern Pac. R. 
Co. v. Colorado F. and I. Co., 101 Fed. Rep., 779. 


District At- 0 

tomey to institute 
suit on application 
of Commission. n 

Missouri Pac. R. ' 

Co. v. U. S., 189 U. 

S., 274; ib., 65 Fed. 0 

Rep., 1.03; U. S. O 

v. Joint Traffic 
Assn.. 171 U. S., 

505; ib., 76 Fed. 9 

Rep., 895. 

10 

11 

12 

13 

14 

15 

16 
17 

Parties to pro- 18 

ceedings. 

Interstate Com¬ 
merce Commission 1 C) 
v. Baird, 194 U. S., 

25. 

20 

21 

22 


Sec. 66 . Upon the request of the Commission, it shall 
he the duty of any district attorney of the United States to 
whom the Commission may apply to institute in the proper 
court and to prosecute under the direction of the Attorney 
General of the United States all necessary proceedings for the 
enforcement of the provisions of this chapter and of chapter 
one of this Act and for the punishment of all violations 
thereof, and the costs and expenses of such prosecution shall 
be paid out of the appropriation for the expenses of the courts 
of the United States. [4 Feb., 1887, 24 Stat. L., 383, c. 104, 
s. 12. 10 Feb., 1891, 26 Stat. L., 743, c. 128, s. 1; 1 Supp., 

891.] 

Sec. 67. In any proceeding for the enforcement of the 
provisions of this chapter and of chapter one of this Act , 
whether such proceedings be instituted before the Interstate 
Commerce Commission or be begun originally in any district 
court of the United States, it shall be lawful to include as 


EXISTING LAW. 


SEC. 65. 

CHAP. 225.—An Act To promote the safety of employees on railroads. May 30, 1908, 35 

Stat. L., 476, c. 
225, s. 4. 

Sec. 4. That it shall be the duty of the Interstate Commerce Com- Interstate Com¬ 
mission to eiforce the provisioi s of this Act, and all poweis heretofore ^gnforceact™ 1011 
granted to said Commission are hereby extended to it for the purpose 
of the enforcement of this Act. 

CHAP. 160.—An Act To supplement “An Act to promote the safety of employees and Apr. 14, 1910, 36 
travelers upon railroads by compelling common carriers engaged in interstate com- Stat. L., 298, 299, 
merce to equip their cars with automatic couplers and continuous brakes and their c. 160, s. 6 . 
locomotives with driving wheel brakes and for other purposes,” and other safety 
appliance Acts, and for other purposes. 

Sec. 6 . That it shall be the duty of the Interstate Commerce Enforcement by 
Commission to enforce the provisions of this Act, and all powers ^e^ce^Comm^- 
heretofore granted to said commission are hereby extended to it for 8 i on 
the purpose of the enforcement of this Act. 

SEC. 66. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 12; I 
Supp., 529. 

CHAP. 128.—An act to amend an act entitled “An act to regulate commerce,” Feb. 10, 1891. 
approved February fourth, eighteen hundred and eighty-seven. 26 Stat. L., 743, 

744, c. 128, s. 1. 

Be it enacted by the Senate and House of Representatives of the 
United States oj America in Congress assembled, r lhat section twelve Interstate Com- 
of an act entitled “An act to regulate commerce,” approved Feb- merce Commission, 
ruarv fourth, eighteen hundred and eighty-seven, be, and it is hereby, v °b 2 , 4 > P* 383 > 
amended so as to road as follows: amended. 

“Sec. 12. * * * U|>on the request of the Commission, it shall be Enforcement °* 

the duty of any district attorney of the United States to whom the 1 e aw * 
Commission may apply to institute in the proper court and to prose¬ 
cute under the direction of the Attorney-General of the United States 
all necessary proceedings for the enforcement of the provisions of tins Proceedings, 
act and for the punishment of all violations thereof, and the costs and Costs, etc., of 
expenses of such prosecution shall be paid out of the appropriation for prosecutions, 
the expenses of the courts of the United States. 


SEC. 67. 

CHAP. 708.—An Act To further regulate commerce with foreign nations and among Feb. 19, 1903, 
the States. 32 Stat. L., 847, 

848, 849,c.708,s.2. 

Sec. 2. That in any proceeding for the enforcement of the pro-. Parties included 
visions of the statutes relating to interstate commerce, whether such 
proceedings be instituted before the Interstate Commerce Commission mGrce P rocee in ? s - 
or be begun originally in any ciicuit court of the United States, it 
shall be lawful to include as parties, in addition to the carrier, all per¬ 
sons interested in or affected by the late, regulation, or practice under 
consideration, and inquiries, investigations, oiders, and decrees may 
be made with reference to and against such additional parties in the 
same manner, to the same extent, and subject to the same provisions 
as are or shall be authorized by law with respect to carriers. 


REPORT OF THE COMMISSION. 


Proceedings in 
equity; duties of 
district attorneys. 

Missouri Pac. R. 
Co. v. U. S„ 189 
U. S., 274; Inter¬ 
state Commerce 
Commissi on v. 
Baird, 194 U. S., 
25. 


I 


1 parties, in addition to the carrier, all persons interested in or 

2 affected by the rate, regulation, or practice under considera- 

3 tion, and inquiries, investigations, orders, and decrees may 

4 be made with reference to and against such additional parties 

5 in the same manner, to the same extent, and subject to the 

6 same provisions as are or shall be authorized by law with 

7 respect to carriers. [19 Feb., 1903, 32 Stat. L., 848, c. 

8 708, s. 2.] 

9 Sec. 68 . Whenever the Interstate Commerce Com- 

10 mission shall have reasonable ground for belief that any 

11 common carrier is engaged in the carriage of passengers or 

12 freight traffic between given points at less than the published 

13 rates on file, or is committing any discriminations forbidden 

14 by law, a petition may be presented alleging such facts to the 

15 district court of the United States sitting in equity having 

16 jurisdiction; and when the act complained of is alleged to 

17 have been committed or as being committed in part in more 

18 than one judicial district or State, it may be dealt with, 

19 inquired of, tried, and determined in either such judicial 

20 district or State; whereupon it shall be the duty of the court 

21 summarily to inquire into the circumstances, upon such 

22 notice and in such manner as the court shall direct and with- 

23 out the formal pleadings and proceedings applicable to ordi- 

24 nary suits in equity, and to make such other person or corpo- 


120 


EXISTING LAW. 


SEC. 68. 

CHAP. 708.—An Act To further regulate commerce with foreign nations and among Feb. 19, 1903, 

the States. 32 Stat. L., 848, 

c. 708, s. 3. 

Sec. 30. That whenever the Interstate Commerce Commission shall Equity courts to 
have reascnable ground for belief that any common carrier is engaged ®?£ < ?£ ce *j? ri *T 8 > P ro * 
in the carriage c f passengers or freight traffic between given points at et ^ iscrumua ‘ 
less than the published rates on file, or is committing any discrimina¬ 
tions forbidden by law, a petition may be presented alleging such 
facts to the circuit court cf the United States sitting in equity having 
jurisdiction; and when the act complained of is alleged to have been 
committed or as being committed in part in more than one judicial 
district or State, it may be dealt with, inquired of, tried, and deter¬ 
mined in either such judicial district or State, whereupon it shall be 
the duty of the court summarily to inquire into the circumstances, 
upon such notice and in such manner as the court shall direct and 
without the formal pleadings and proceedings applicable to ordinary 
suits in equity, and to make-such other persons or coiporaticns parties 
thereto as the court may deem necessary, and upon being satisfied of 
the truth of the allegations of said petition said court shall enforce an 
observance of the published tariffs or direct and require a discontinu¬ 
ance of such discrimination by proper orders, writs, and process, which 
said ordeis, writs, and process may be enforceable as well against 
the parties interested in the traffic as against the carrier, subject to the 
right of appeal as now provided by law. It shall be the duty of the sev- District attor- 
eral disti ict attorneys of the United States, whenever the Attorney-Gen- ™yi 810 bnn S 8Ults » 
eral shall direct, either cf his own motion or upon the request of the In- 0 c 
terstate Commerce Commission, to institute and prosecute such proceed¬ 
ings, and the proceedings provided for by this Act shall not preclude .Recovery of 
the bringing of suit for the recovery cf damages by any party injured, damages, 
or any other action provided by said Act approved February fourth, Vo1 - 24 > P- 382 - 
eighteen hundred and eighty-seven, entitled An Act to regulate com¬ 
merce and the Acts amendatory thereof. * * * 


127 


REPORT OF THE COMMISSION. 


1 


2 


3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 


16 


Commission may- 
re quire attendance 
and testimony of 
witnesses. 

Interstate Com¬ 
merce Commission 
v. Brimson, 154 U. 
S., 447; Interstate 
Commerce Com¬ 
mission v. Baird, 
194 U. S., 25; I. C. 
C.u.L.&N.R. R. 
Co., 227 U. S., 88. 


17 

18 

19 

20 
21 


22 


23 


24 


rations parties thereto as the court may deem necessary. 
Upon being satisfied of the truth of the allegations of said 
petition said court shall enforce an observance of the pub¬ 
lished tariffs or direct and require a discontinuance of such 
discrimination by proper orders, writs, and process, which 
said orders, writs, and process may be enforceable as w^ell 
against the parties interested in the traffic as against the 
carrier, subject to the right of appeal as provided by law. 
It shall be the duty of the several district attorneys of the 
United States, whenever the Attorney General shall direct, 
either of his own motion or upon the request of the Interstate 
Commerce Commission, to institute and prosecute such 
proceedings; and the proceedings provided for by this chapter 
shall not preclude the bringing of suit for the recovery of 
damages by any party injured, or any other action provided 
by this chapter. [19 Feb., 1903, 32 Stat. L., 848, c. 708, s. 3.] 
Sec. 69. For the purposes of this chapter and of 
chapter one of this Act the Commission shall have power to 
require, by subpoena, the attendance and testimony of wit¬ 
nesses and the production of all books, papers, tariffs, con¬ 
tracts, agreements, and documents relating to any matter 
under investigation. Such attendance of witnesses, and the 
production of such documentary evidence, may be required 
from any place in the United States, at any designated place 


128 


EXISTING LAW. 


SEC. 69. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, b. 12; I 
Supp., 529. 

CHAP. 128.—An act to amend an act entitled “An act to regulate commerce,” Feb. 10, 18U. 
approved February fourth, eighteen hundred and eighty-seven. 26 Stat. L., 743, 

744, c. 128. 

Be it enacted by the Senate and House of Representatives of the Interstate Com- 
TJnited States of America in Congress assembled , That section twclvo m er c eCom m issi°n. 
of the act entitled “An act to regulate commerce,” approved Feb- ame ° ^ed ’ p ' 383, 
ruary fourth, eighteen hundred and eighty-seven, be, and it is hereby, 
amended so as to read as follows: 

“Sec. 12 . * * * and for the purposes of this act the Commis- Power to send for 

sion shall have power to require, by subpoena, the attendance and persons and papers, 
testimony of witnesses and the production of all books, papers, tariffs, 
contracts, agreements, and documents relating to any matter under 
investigation. 


68693—14-17 


129 



, No person ex¬ 
cused from testify¬ 
ing on ground that 
testimony would 
criminate him. 

Brown v. Walk¬ 
er, 161 U. S., 591; 
U. S. v. James, 60 
Fed. Rep., 257; U. 
S. v. Price, 96 Fed. 
Rep., 960; In re 
Pooling Freights, 
115 Fed. Rep., 588. 


REPORT OF THE COMMISSION. 

1 of hearing. In case of disobedience to a subpoena the Com- 

2 mission, or any party to a proceeding before the Commission, 

3 may invoke the aid of any court of the United States in re- 

4 quiring the attendance and testimony of witnesses and the 

5 production of books, papers, and documents under the pro- 

6 visions of this section. The district court of the United 

7 States within the jurisdiction of which such inquiry is car- 

8 ried on may, in case of contumacy or refusal to obey a subpoena 

9 issued to any common carrier subject to the provisions of this 

10 chapter, or other person, issue an order requiring such com- 

11 mon carrier or other person to appear before said Commission 

12 (and produce books and papers if so ordered) and give evidence 

13 touching the matter in question; and any failure to obey 

14 such order of the court may be punished by such court as a 

15 contempt thereof. [4 Feb., 1887, 24 Stat. L., 383, c. 104, 

16 s. 12. 10 Feb., 1891, 26 Stat. L., 743, c. 128, s. 1; 1 Supp., 

17 891.] 

18 Sec. 70. No person shall be excused from attending 

19 and testifying or from producing books, papers, tariffs, con- 

20 tracts, agreements and documents before the Interstate 

21 Commerce Commission, or in obedience to the subpoena 

22 of the Commission, whether such subpoena be signed or 

23 issued by one or more Commissioners, or in any cause or 

24 nroceeding, criminal or otherwise, based upon or growing 


130 


EXISTING LAW. 


“Such attendance of witnesses, and the production of such doc- Attendance of 
umentary evidence, may be required from any place in the United w e to 
States, at any designated place of hearing. And in case of disobe- commLston’s^sub- 
dietice to a subpoena the Commission, or any party to a proceeding poena, 
before the Commission, may invoke the aid of any court of the United 
States in requiring the attendance and testimony of witnesses and 
the production of books, papers, and documents under the provisions 
of this section. 

“And any of the circuit courts of the United States within the Circuit courts 

jurisdiction of which such inquiry is carried on mav, in case of con-1° lss l ie . suh P° ena 
•J. • ii. -in certain cases, 

tumacy or refusal to obey a subpoena issued to any common carrier 

subject to the provisions of this act, or other person, issue an order 
requiring such common carrier or other person to appear before said 
Commission (and produce books and papers if so ordered) and give 
evidence touching the matter in question; and any failure to obey 
such order of the court may be punished by such court as a con¬ 
tempt thereof. * * * 


i 


!- SEC. 70» 

CHAP. 83.—An act in relation to testimony before the Interstate Commerce Com- Feb. 11, 1893. 
mission, and in cases or proceedings under or connected with an act entitled “An . ■ —“~ 

act to regulate commerce,’’ approved February fourth, eighteen hundred and eighty- ^tat., L,.,44d, 
seven, and amendments thereto. 444, c. bd. 

Be. it evaded by th e Senate and House of Representatives of the United Interstate Com- 
States of America in Congress assembled, That no p >rson shall b iexcus'd 
fjrom alt riding and testifying or from producing books, pap rs, tariffs, te atify- 

Contraots, agr>'( m nts and docum nts befor the Int rstate Comm rc'ing in Interstate 
Commission, or in oh di-mcetoth subpoena of th Commission, whether Commerce actions, 
such subpoena bo signed or issm d by one or more Commission* rs, or in 
any cause or procei ding, criminal or otherwise, based upon or growing 
out of any all g. d violation of the act of Congress, entitled, “An act to Vol. 24, p. 379. 
regulate comm* rc-'/’ apprefv d February fourth, eighteen hundred and 
eighty-s ven, or of any amendment thertof on the ground or for the 
reason that the testimony or evidence, documentary ir otherwise, re¬ 
quired of him, may tend to criminate him or subject him to a penalty 


131 



REPORT OF THE COMMISSION. 


Punishment for 
refusal to testify. 


1 out of any alleged violation of the pvvisions of chapters 

2 one and two of this Act on the ground or for the reason that 

3 the testimony or evidence, documentary or otherwise, re- 

4 quired of him, may tend to criminate him or subject him 

5 to a penalty or forfeiture. But no person shall be prose- 

6 cuted or subjected to any penalty or forfeiture for or on ac- 

7 count of any transaction, matter or thing, concerning which 

8 he may testify, or produce evidence, documentary or other- 

9 wise, before said Commission, or in obedience to its sub- 

10 poena, or the subpoena of either of them, or in any such 

11 case or proceeding: Provided , That no person so testifying 

12 shall be exempt from prosecution and punishment for per- 

13 jury committed in so testifying. [11 Feb., 1893, 27 Stat. 

14 L., 443, c. 83; 2 Supp., 80. 25 Feb., 1903, 32 Stat. L., 

15 903, c. 755.] 

16 Sec. 71. Any person who shall neglect or refuse to 

17 attend and testify, or to answer any lawful inquiry, or to 

18 produce books, papers, tariffs, contracts, agreements and 

19 documents, if in his power to do so, in obedience to the sub- 

20 poena or lawful requirement of the Commission shall be fined 

21 not less than one hundred nor more than five thousand 

22 dollars, or imprisoned not more than one year, or both. 

23 [11 Feb., 1893, 27 Stat. L., 443, c. 83, s. 1; 2 Supp., 80.] 


132 


EXISTING LAW. 


or forfeiture. But no person shall be prosecuted or subjected to any No prosecution 
penalty or forfeiture for or on account of any transaction, matter or ^account oi testi- 
thing, concerning which he may testify, or produce evidence, docu- uy 
mentary or otherwise, before said Commission, or in obedience to its 
subpoena, or the subpoena of either of them, or in any such case or pro¬ 
ceeding: Provided, That no person so testifying shall be exempt from Proviso 

prosecution and punishment for perjury committed in so testifying. er]ury ' 

* * * 


SEC. 70. 

CHAP. 755.—An Act Making appropriations for the legislative, executive, and Feb. 25, 1903. 
judicial expenses of the Government for the fiscal year ending June thirtieth, 32 Stat. L., p. 
nineteen hundred and four, and for other purposes. 903, c. 755. 

That for the enforcement of the provisions of the Act entitled “An Enforcing trust 
Act to regulate commerce,” approved February fourth, eighteen hun- and mterstate- 
dred and eighty-seven, and all Acts amendatory thereof or supple- C °voi 01 24 p" 379 - 
mental thereto, and of the Act entitled “An Act to protect trade and Vol. 26, ’ p. 743; 
commerce against unlawful restraints and monopolies,” approved Vol. 27, p. 443. 
July second, eighteen hundred and ninety, and all Acts amendatory Vo1 - 26 > P* 209 - 
thereof or supplemental thereto, and sections seventy-three, seventy- Vol. 28, p 570 . 
four, seventy-five, and seventy-six of the Act entitled “An Act to 
reduce taxation, to provide revenue for the Government, and other 
purposes,” approved August twenty-seventh, eighteen hundred and 
ninety-four, tne sum of five hundred thousand dollars, to be immedi¬ 
ately available, is hereby appropriated, out of any money in the 
Treasury not heretofore appropriated, to be expended under the 
direction of the Attorney-General in the employment of special coun¬ 
sel and agents of the Department of Justice to conduct proceedings, Pogt ^ 106l) 
suits, and prosecutions under said Acts in the courts of the United os ’ p ' 

States: Provided, That no person shall be prosecuted or be subjected Provisos. 

to any penalty or forfeiture for or on account of any transaction, Exemptions for 

matter, or thing concerning which he may testify or produce evidence, testlf y in g- 

documentary or otherwise, in any proceeding, suit, or prosecution 

under said Acts: Provided further, That no person so testifying shall Perjuries ex- 

be exempt from prosecution or punishment for perjury committed i n ce P ted - 

so testifying. 


SEC. 71. 

CHAP. 83.—An act in relation to testimony before the Interstate Commerce Com- Feb. 11, 1893. 
mission, and in cases or proceedings under or connected with an act entitled “An 27 Stat. L., 443, 
act to regulate commerce,” approved February fourth, eighteen hundred and eighty- 444, c. 83. 
seven, and amendments thereto. 

Any person who shall neglect or refuse to attend and testify, or to Penalty for re¬ 
answer any lawful inquiry, or to produce books, papers, tariffs, con- f usal testif y- 
tracts, agreements and documents, if in his power to do so, in obedi¬ 
ence to the subpoena or lawful requirement of the Commission shall be 
guilty of an offense and upon conviction thereof by a court of compe¬ 
tent jurisdiction shall be punished by fine not less than one hundred 
dollars nor more than five thousand dollars, or by imprisonment for 
not more than one year or by both such fine and imprisonment. 


133 




REPORT OF THE COMMISSION. 


Testimony by ^ 
deposition may be 
taken. 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 
* 19 

20 

21 

22 


Sec. 72. The testimony of any witness may be taken, 
at the instance of a party, in any proceeding or investigation 
depending before the Commission, by deposition, at any time 
after a cause or proceeding is at issue on petition and answer. 
The Commission may also order testimony to be taken by 
deposition in any proceeding or investigation pending before 
it, at any stage of such proceeding or investigation. Such 
depositions.may be taken before any judge of any court of the 
United States, or any United States Commissioner, or any 
clerk of a district court, or any chancellor, justice, or judge of 
a supreme or superior court, mayor or chief magistrate of a 
city, judge of a county court, or court of common pleas of any 
of the United States, or any notary public; not being of 
counsel or attorney to either of the parties, nor interested in 
the event of the proceeding or investigation. Reasonable 
notice must first be given in writing by the party or his 
attorney proposing to take such deposition to the opposite 
party or his attorney of record, as either may be nearest, 
which notice shall state the name of the witness and the time 
and place of the taking of his deposition. [4 Feb., 1887, 24 
Stat. L., 383, c. 104, s. 12. 10 Feb., 1891, 26 Stat. L., 744, 

c. 128, s. 1; 1 Supp., 892.] 


134 


EXISTING EAAV. 


SEC. 72. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379, 
c. 104, s. 12; I 
Supp., 529. 

CHAP. 128.—An act to amend an act entitled “An act to regulate commerce,” Feb. 10, 1891. 

approved February fourth, eighteen hundred and eighty-seven. 26 Stat. L., 743, 

744, c. 128, s. 1. 

Be it enacted by the Senate and House of Representatives of the Interstate Com- 
llnited States of America in Congress assembled, I hat section twelve 
of an act entitled “An act to regulate commerce,” approved Feb- ame ‘nded.’ P 
ruary fourth, eighteen hundred and eighty-seven, be, and it is hereby, 
amended so as to read as follows: 

“Sec. 12 . * * *. 

“The testimony of any witness may be taken, at the instance of a Testimony by 
partv, in any proceeding or investigation depending before the Com-^ e P 0filtion - 
mission, by deposition, at any ti no after a cause or proceeding is at 
issue on petition and answer. The Commission may also order testi¬ 
mony to be taken by deposition in any proceeding or investigation 
pending before it, at any stage of such proceeding or investigation. 

Such depositions may be taken before any judge of any court of the 

United States, or any comn issioner of a circuit, or any cleik of a 

district or circuit court, or any chancellor, justice, or judge of a 

supreme or superior court, mayor or chief magistrate of a city, judge 

of a county court, or court of common pleas of any of the United 

States, or any notary public, not being of counsel or attorney to 

either of the parties, nor interested in the event of the proceeding or 

investigation, reasonable notice must hist be given in writing by. Notice in writ- 

the party or his attorney proposing to take such deposition to the in " t0 be glven - 

opposite party or his attorney of record, as either may be nearest, 

which notice shall state the name of the witness and the time and 

place of the taking of his deposition. * * *. 


REPORT OF THE COMMISSION. 


Witness com- 1 
pelled to testify; x 

manner of taking 
depositions, etc. ^ 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 
23 


Sec. 73. Any person may be compelled to appear and 
depose, and to produce documentary evidence, in the same 
manner as witnesses may be compelled to appear and testify 
and produce documentary evidence before the Commission 
as hereinbefore provided. Every person deposing as herein 
provided shall be cautioned and sworn (or affirm, if he so 
request) to testify the whole truth, and shall be carefully 
examined. His testimony shall be reduced to writing by 
the magistrate taking the deposition, or under his direction, 
and shall, after it has been reduced to writing, be subscribed 
by the deponent. If a witness whose testimony may be 
desired to be taken by deposition be in a foreign country, 
the deposition may be taken before an officer or person desig¬ 
nated by the Commission, or agreed upon by the parties by 
stipulation in writing to be filed with the Commission. All 
depositions must be promptly filed with the Co mmi ssion. 
Witnesses whose depositions are taken pursuant to this 
chapter , and the magistrate or other officer taking the same, 
shall severally be entitled to the same fees as are paid for 
like services in the courts of the United States. [4 Feb., 
1887, 24 Stat. L., 383, c. 104, s. 12. 2 Mar., 1889, 25 

Stat. L., 859, c. 382, s. 3. 10 Feb., 1891, 26 Stat. L., 743, 

c. 128, s. 1; 1 Supp., 892.] 


136 


EXISTING LAW. 


SEC. 73. 

CHAP. 104.—An Act To regulate commerce. 


Feb. 4, 1887. 

24 Stat. L., 379, 
c. 104, s. 12; I 
Supp., 529. 


CHAP. 382.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2, 1889. 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c. 382, s’. 3; I 
Supp., 690. 


Sec. 3. That section twelve of said act is hereby amended so as to Amendment t o 
read as follows: ~ section 12. 

Vol. 24, p. 383. 


CHAP. 128.—An act to amend an act entitled “An act to regulate commerce,” Feb. 10, 1891. 
approved February fourth, eighteen hundred and eighty-seven. 26 Stat. L., 743, 

744, c. 128, s. 1. 


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section twelve 
of an act entitled “An act to regulate commerce,” approved Feb¬ 
ruary fourth, eighteen hundred and eighty-seven, be, and it is hereby, 
amended so as to read as follows: 


Interstate Com- 
merceCommission. 


Vol. 24, p. 383, 
amended. 


“Sec. 12 . * * * Any person may be compelled to appear and 

depose, and to produce documentary evidence, in the same manner 
as witnesses may be compelled to appear and testify and produce 
documentary evidence before the Commission as hereinbefore 
provided. 

“ Every person deposing as herein provided shall be cautioned and 
sworn (or affirm, if he so request) to testify the whole truth, and 
shall be carefully examined. His testimony shall be reduced to 
writing by the magistrate taking the deposition, or under his direc¬ 
tion, and shall, after it has been reduced to writing, be subscribed by 
the deponent. 

“If a witness whose testimony may be desired to be taken by 
deposition be in a foreign country, the deposition may be taken be¬ 
fore an officer or person designated by tne Commission, or agreed 
upon by the parties by stipulation in writing to be filed with the 
Commission. All depositions must be promptly filed with the Com¬ 
mission.” 

Witnesses whose depositions are taken pursuant to this act, and 
the magistrate or other officer taking the same, shall severally be 
entitled to the same fees as are paid for like services in the courts of 
the United States. 


Compulsory dep¬ 
osition, etc. 


Oath, etc., of 
deponent. 


Depositions in 
foreign countries. 


Filing of depo¬ 
sitions. 


Fees for deposi¬ 
tions. 


Approved February 10, 1891. 


68693—14- 


-18 


137 





Petition to Com- ^ 
mission as to viola¬ 
tions of law. 

Kentucky, etc., o 
Bridge Co. v. Lou- “ 
isville, etc., R. 

Co., 37 Fed. Rep., Q 
567 ;Interstate o 
Commerce Com¬ 
mission v. Louis¬ 
ville, etc., R. Co., 4 
73 Fed. Rep., 409; 
Interstate Com¬ 
merce Comm is- K 
sion v. Philadel¬ 
phia, etc., R. Co., 

123 Fed. Rep., 969. q 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 


REPORT OF THE COMMISSION. 

Sec. 74. Any person, firm, corporation, or associa¬ 
tion, or any mercantile, agricultural, or manufacturing society, 
or other organization, or any body politic or municipal organi¬ 
zation, or any common carrier, complaining of anything done 
or omitted to be done by any common carrier subject to the 
provisions of this chapter or of chapter one of this Act in 
contravention of the provisions thereof, may apply to said 
Commission by petition, which shall briefly state the facts; 
whereupon a statement of the complaint thus made shall be 
forwarded by the Commission to such common carrier, who 
shall be called upon to satisfy the complaint or to answer the 
same in writing, within a reasonable time, to be specified by 
the Commission. If such common carrier, within the time 
specified, shall make reparation for the injury alleged to 
have been done, said carrier shall be relieved of liability to 
the complainant only for the particular violation of law thus 
complained of. If such carrier or carriers shall not satisfy the 
complaint within the time specified, or there shall appear to 
be any reasonable ground for investigating said complaint, it 
shall be the duty of the Commission to investigate the matters 
complained of in such manner and by such means as it shall 
deem proper. [4 Feb., 1887, 24 Stat. L., 383, c. 104, s. 13; 1 
Supp., 531. 18 June, 1910, 36 Stat. L., 550, c. 309, s. 11.] 

. , . .. T 1 138 




EXISTING LAW. 


SEC. 74. 

CHAP. 104.—An Act To regulate commerce. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled 
"An Act to regulate commerce," approved February fourth, eighteen hundred and 
eighty-seven, as heretofore amended, and for other purposes. 

Sec. 11 . That section thirteen of said Act to regulate commerce be 
amended so as to read as follows: * * * 

“Sec. 13. That any person, firm, corporation, company, or associa¬ 
tion, or any mercantile, agricultural, or manufacturing society or 
other organization, or any body politic or municipal organization, or 
any common carrier, complaining of anything done or omitted to be 
done by any common carrier subject to the provisions of this Act, in 
contravention of the provisions thereof, may apply to said commission 
by petition, which shall briefly state the facts; whereupon a statement 
of the complaint thus made shall be forwarded by the commission to 
such common carrier, who shall be called upon to satisfy the com¬ 
plaint, or to answer the same in writing, within a reasonable time, to 
be specified by the commission. If such common carrier within the 
time specified shall make reparation for the injury alleged to have 
been done, the common carrier shall be relieved of liability to the com¬ 
plainant only for the particular violation of law thus complained of. 
If such carrier or carriers shall not satisfy the complaint within the 
time specified, or there shall appear to be any reasonable ground for 
investigating said complaint, it shall be the duty of the commission 
to investigate the matters complained of in such mamrer and by such, 
means as it shall deem proper. * * * 


Feb. 4, 1887. 

24 Stat. L., 379, 
c. 104, s. 13; I 
Supp., 529. 

June 18, 1910, 
36 Stat. L., 544, 
c. 309, s. 11. 

Complaints for 
violations. 

Vol. 24, p. 383, 
amended. 

Filing of com¬ 
plaints against car¬ 
riers for violations. 


Notification t o 
carrier. 


Effect of repara¬ 
tion. 


Investigation by 
Commission. 


L : 


131 ) 







REPORT OF THE COMMISSION. 


Commission to ^ 
investigate com¬ 
plaints of State 
commission. n 


3 


4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 
17 


18 


19 

20 
21 

22 


23 


24 


Sec. 75. The Commission shall in like manner and 
with the same authority and powers, investigate any com¬ 
plaint forwarded by the railroad commissioner or railroad com¬ 
mission of any State or Territory at the request of such com¬ 
missioner or commission; and the Interstate Commerce 
Commission shall have full authority and power at any time 
to institute an inquiry, on its own motion, in any case and 
as to any matter or thing concerning which a complaint 
is authorized to be made, to or before said commission by any 
provision of this chapter or of chapter one of this Act , or 
concerning which any question may arise under any of the 
provisions thereof, or relating to the enforcement of any of 
the provisions thereof. And the said commission shall have 
the same powers and authority to proceed with any inquiry 
instituted on its own motion as though it had been appealed 
to by complaint or petition under any of the provisions of 
this chapter or of chapter one of this Act , including the 
power to make and enforce any order or orders in the case, 
or relating to the matter or thing concerning which the 
inquiry is had excepting orders for the payment of money. 
No complaint shall at any time be dismissed because of the 
absence of direct damage to the complainant. [4 Teb., 1887, 
24 Stat. L., 383, c. 104, s. 13; 1 Supp., 531. 18 June, 1910, 

36 Stat. L., 551, c. 309, s. 11.] 

140 




EXISTING LAW. 


SEC. 70. 


CHAP. 104.—An Act To regulate commerce. Feb. 4, 1S87. 

24 Stut. L„ 379; 
c. 104, a. 13; I 
Supp., 529. 

CHAP. 309.- An Act To create a commerce court, and to amend the Act entitled June 18. 1910. 

“An Act to regulate commerce,” approved February fourth, eighteen hundred and 30 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, 8. 11. 


Sec. 11 . That section thirteen of said Act to regulate commerce be 
amended so as to read as follows: * * * 


Complaints for 
violations. 

Vol. 24, p. 383, 
amended. 


“ Said commission shall, in like maimer and with the same authority . Commission to 
and powers, investigate any complaint forwarded by the railroad !!}.^it*~ a hv State 
commissioner or railroad commission of any State or Territory at the commission, or ou 
request of such commissioner or commission, and the Interstate its own motion. 
Commerce Commission shall have full authority and power at any 
time to institute an inquiry, on its own motion, in any case and as to 
any matter or thing concerning which a complaint is authorized to 
be made, to or before said commission by any provision of this Act, 
or concerning which any question may arise under any of the pro¬ 
visions of this Act, or relating to tho enforcement of any of the pro¬ 
visions of this Act. And the said commission shall have tho same Fm'orcemeut of 
powers and authority to proceed with any inquiry instituted on its or ers ' 
own motion as though it had been appealod to by complaint or 
petition under any of the provisions of this Act, including the power 
to make and enforce any order or orders in tho case, or relating to the 
matter or tiling concerning which the inquiry is had excepting orders 
for the payment of money. No complaint shall at any time be dis- Direct dania ^ e 
missed because of the absence of direct damage to tho complainant.” llot lu ' cossar y- 


Commission to 
hear complaints; 
may determine rea¬ 
sonable rates; when 
orders to take ef¬ 
fect. 

Kentucky, etc., 
Bridge Co. v. Lou¬ 
isville, etc., R. 
Co., 37 Fed. Rep., 
567; Interstate 
Commerce Com¬ 
mission v. Louis¬ 
ville, etc., R. Co., 
73 Fed. 1 Rep., 409; 
Interstate Com¬ 
merce Commission 
v. Western, etc., 
R. Co., 82 Fed. 
Rep., 192; Farm¬ 
ers’ L. & T. Co. v. 
Northern Pac. R. 
Co., 83 Fed. Rep., 
249; Behlmer v. 
Louisville, etc., R. 
Co.. 83 Fed. Rep., 
898; Southern Pac. 
R. Co. v. Colorado 
F. & I. Co., 101 
Fed. Rep., 779; I. 
C. C. u. I. C. R. R. 
Co., 215 U. S., 452. 


10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 


22 

23 

24 


REPORT OF THE COMMISSION. 

Sec. 76. Whenever, after full hearing upon a com¬ 
plaint made as provided in either of the two sections last 
preceding, or after full hearing under an order for investi¬ 
gation and hearing made by the commission on its own 
initiative (either in extension of any pending complaint 
or without any complaint whatever), the commission shall 
he of opinion that any individual or joint rates or charges 
whatsoever demanded, charged, or collected by any com¬ 
mon carrier or carriers subject to the provisions of 
this chapter, or of chapter one of this Act, for the 
transportation of persons or property or for the trans¬ 
mission of messages by telegraph or telephone as de¬ 
fined in section one, or that any individual or joint 
classifications, regulations, or practices whatsoever of such 
carrier or carriers subject to the provisions of this chapter, 
or of chapter one of this Act, are unjust or unreasonable 
or unjustly discriminatory, or unduly preferential or preju¬ 
dicial or otherwise in violation of any of the provisions of 
this chapter, or of chapter one of this Act, the commission 
is hereby authorized and empowered to determine and pre¬ 
scribe what will be the just and reasonable individual or 
joint rate or rates, charge or charges, to be thereafter ob¬ 
served in such case as the maximum to be charged, and 
what individual or joint classification, regulation, or practice 


142 




EXISTING LAW. 


- r. — /- 




SEC. 76. 

CHAP. 104.—An Act To regulate commerce. 


Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 15; I 
Supp., 529. 

CHAP, 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 4. 

Sec. 4. That section fifteen of said Act be amended so as to read as Vol. 24, p. 384, 
follows: amended. 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 12. 

Sec. 12. That section fifteen of said Act to regulate commerce, as Violations, 
heretofore amended, is hereby now amended so as to read as follows: v \ ol 'o? 4 ’ P- 
“Sec. 15. That whenever, after full hearing upon a complaint an 0 1Pn(lec j p ‘ ’ 
made as provided in section thirteen of this Act, or after full hearing Commission to 
under an order for investigation and hearing made by the commission determine i f 
on its own initiative (either in extension of any pending complaint or charges, classifica- 
without any complaint whatever), the commission shall be of opinion ^scrimina- 
that any individual or joint rates or charges whatsoever demanded, tory, etc. 
charged, or collected by any common carrier or carriers subject to the Ante, p. 520. 
provisions of this Act for the transportation of persons or property 
or for the transmission of messages by telegraph or telephone as 
defined in the first section of this Act, or that any individual or joint 
classifications, regulations, or practices whatsoever of such carrier 
or carriers subject to the provisions of this Act are unjust or unreason¬ 
able or unjustly discriminatory, or unduly preferential or prejudicial 
or otherwise in violation of any of the provisions of this Act, the j us t and reason- 
commission is hereby authorized and empowered to determine and tes t0 )e ob ' 
prescribe what will be the just and reasonable individual or joint rate 
or rates, charge or charges, to be thereafter observed in such case as 
the maximum to be charged, and -what individual or joint classifica¬ 
tion, regulation, or practice is just, fair, and reasonable, to be there¬ 
after followed, and to make an order that the carrier or carriers shall . Orders to oar- 
cease and desist from such violation to the extent to which the com- riers ’ 
mission finds the same to exist, and shall not thereafter publish, 
demand, or collect any rate or charge for such transportation of 
transmission in excess of the maximum rate or charge so prescribed, 
and shall adopt the classification and shall conform to and observe 
the regulation or practice so prescribed. All orders of the commis- Taking effect of 
sion, except orders for the payment of money, shall take effect within orders, 
such reasonable time-, not less than thirty days, and shall continue in Continuance, 
force for such period of time, not exceeding two years, as shall be 
prescribed in the order of the commission, unless the same shall be 
suspended or modified or set aside by the commission, or be sus- 
» pended or set aside by a court of competent jurisdiction. Whenever of ^- p t ” a t ^ s ni ^^ lt 
the carrier or carriers, in obedience to such order of the commission by ] Commission on 
or otherwise, in respect to joint rates, fares, or charges, shall fail to failure of agree- 
agree among themselves upon the apportionment or division thereof ment by carriers, 
the commission may, after hearing, make a supplemental order pre¬ 
scribing the just and reasonable proportion of such joint rate to be 
received by each carrier party thereto, which order shall take effect 
as a part of the original order. * * * 



143 





REPORT OF THE COMMISSION. 

1 is just, fair, and reasonable, to be thereafter followed, and 

2 to make an order that the carrier or carriers shall cease and 

3 desist from such violation to the extent to which the com- 

4 mission finds the same to exist, and shall not thereafter 

5 publish, demand, or collect any rate or charge for such trans- 

6 portation or transmission in excess of the maximum rate 

7 or charge so prescribed, and shall adopt the classification 

8 and shall conform to and observe the regulation or practice 

9 so prescribed. All orders of the commission, except orders 

10 for the payment of money, shall take effect within such 

11 reasonable time, not less than thirty days, and shall con- 

12 tinue in force for such period of time, not exceeding two 
18 years, as shall be prescribed in the order of the commission, 

14 unless the same shall be suspended or modified or set aside 

15 by the commission, or be suspended or set aside by a court 

16 of competent jurisdiction. Whenever the carrier or carriers, 

17 in obedience to such order of the commission or otherwise, 

18 in respect to joint rates, fares, or charges, shall fail to agree 

19 among themselves upon the apportionment or division 

20 thereof the commission may, after hearing, make a supple- 

21 mental order prescribing the just and reasonable proportion 

22 of such joint rate to be received by each carrier party thereto, 

23 which order shall take effect as a part of the original order. 

24 [4 Feb., 1887,24 Stat.L., 384, c. 104, s. 15; 1 Supp., 532. 

W 7 


144 




REPORT OF THE COMMISSION. 


1 29 June, 1906, 84 Stat. L., 589, 591, c. 3591, s. 4. 18 

2 June, 1910, 86 Stat. L., 551, c. 309, s. 12.] 

3 Sec. 77. Whenever there shall be filed with the 

4 commission any schedule stating a new individual or joint 

5 rate, fare, or charge, or any new individual or joint classifi- 

6 cation,^ or any new individual or joint regulation or practice 

7 affecting any rate, fare, or charge, the commission shall 

8 have, and it is hereby given, authority, either upon com- 

9 plaint or upon its own initiative without complaint, at once, 

10 and if it so orders, without answer or other formal pleading 

11 by the interested carrier or carriers, but upon reasonable 

12 notice, to enter upon a hearing concerning the propriety of 

13 such rate, fare, charge, classification, regulation, or practice; 

14 and pending such hearing and the decision thereon the corn- 

15 mission upon filing with such schedule and delivering to the 

16 carrier or carriers affected thereby a statement in writing of 

17 its reasons for such suspension may suspend the operation of 

18 such schedule and defer the use of such rate, fare, charge, 

19 classification, regulation, or practice, but not for a longer 

20 period than one hundred and twenty days beyond the time 

21 when such rate, fare, charge, classification, regulation, or 

22 practice would otherwise go into effect; and after full hearing, 

23 whether completed before or after the rate, fare, charge, 

24 classification, regulation, or practice goes into effect, the 


Commission to 
determine propri¬ 
ety of new rates, 
classification, etc.; 
suspension of, un¬ 
til decision; upon 
whom burden of 
proof. 


14G 


EXISTING LAW. 


SEC. 77. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 12. 

Sec. 12. * * * 

“Whenever there shall be filed with the commission any schedule New rates, classi- 
stating a new individual or joint rate, fare, or charge, or any new fic , a ; tions ’. e ! c - 
individual or joint classification, or any new individual or joint r:gula- detemdn^ 10 p r o - 
tion or practice affecting any rate, fare, or charge, the commission priety of. 
shall have, and it is hereby given, authority, either upon complaint 
or upon its own initiative without complaint, at once, and if it so 
orders, without answer or oth r formal pleading by the interested 
carri r or carri rs, but upon reasonable notice, to (nti r upon a hearing 
concerning the propriety of such rate, fare, charge, classification, 
regulation, or practice; and p' nding such hearing and the di cision Suspension until 
th ri on the commission upe>n filing with such sch. dule and d' liw ring decision, 
to the carri r or carri rs affeckcl th n by a stat m nt in writing of its 
reasons for such suspension may suspend the operation of such 
schedule and defir the use of such rate, fare, charge, classification, 
ri gulation, or practice, but not for a longer p< riod than one hundred 
and twvnty days beyond the time wh n such rate, fare, charge, 
classification, ri gulation, or practice would otherwise go into efhet; Finaldetermina- 
and after full hearing, whether completed before or after the rate, tion. 
fare, charge, classification, ri gulation, or practice go s into effect, 
the commission may make such order in r< n ri nee to such rate, fare, 
charge, classification, re gulation, or practice as would be proper in 
a proceeding initiated after the rate, fare, charge, classification, 
regulation, or practice had become effective: Provided, That if any Proviso. 
such hearing can not be concluded within the p riod of susp> nsion, as Extension of sua- 
above stated, the Interstate Commerce Commission may, in its elis- penslon - 
cri tion, extend the time of susp^ nsion for a furth-:r period not exceed- . 
ing six months. At any hearing involving a rate increased after 
January first, nineteen hundred and ten, or of a rate sought to be ed 

increas'd after the passage of this Act, the burden of proof to show since January l, 
that the increased rate or proposed increased rate is just ancl reason- 1910. 
able shall be upon the common carrier, and the commission shall 
give to the hearing and d<.cision of such qu- stions preference over 
all other questions prnding before it and decide the same as speedily 
as possible. * * * 


REPORT OF THE COMMISSION. 


Commission may 
establish through 
routes, joint rates, 
etc.; what routes 
to embrace; water 
connection includ¬ 
ed, 3tc. 


1 commission may make such order in reference to such rate, 

2 fare, charge, classification, regulation, or practice as would be 

3 proper in a proceeding initiated after the rate, fare, charge, 

4 classification, regulation, or practice had become effective: 

5 Provided, That if any such hearing can not be concluded 
G within the period of suspension, as above stated, the Inter- 

7 state Commerce Commission may, in its discretion, extend 

8 the time of suspension for a further period not exceeding six 

9 months. At any hearing involving a rate increased after 

10 January first, nineteen hundred and ten, or of a rate sought 

11 to be increased after June eighteenth, nineteen hundred 

12 and ten, the burden of proof to show that the increased rate 

13 or proposed increased rate is just and reasonable shall be upon 

14 the common carrier, and the commission shall give to the 

15 hearing and decision of such questions preference over all 

16 other questions pending before it and decide the same as 

17 speedily as possible. [18 June, 1910, 36 Stat. L., 552, 

18 c. 309, s. 12.] 

19 Sec. 78. The commission may also, after hearing, 

20 on a complaint or upon its own initiative without complaint, 

21 establish through routes and joint classifications, and may 

22 establish joint rates as the maximum to be charged and may 

23 prescribe the division of such rates as hereinbefore provided 

24 and the terms and conditions under which such through routes 

148 




EXISTING LAW. 


SEC. 78. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 12. 

Sec. 12. * * * 

“The commission may also, after hearing, on a complaint or upon Commission may 
its own initiative without complaint, establish through routes and estal)lls h. through 
joint classifications, and may establish joint rates as the maximum tVon's ° and 
to be charged and may prescribe the division of such rates as h- re- rates, etc., on fail- 
inbefore provided and the terms and conditions under wh : ch such are of carriers, 
through routes shall be operated, whenever the carriers thems Ives 
shall have refused or neglected to establish voluntarily such through 
routes or joint classifications or joint rates; and this provision shall 
apply when one of the connecting carriers is a water line. The 
commission shall not, however, establish any through route, classi¬ 
fication, or rate between street electric passenger railways not 

149 


Water connec¬ 
tion included. 

Electric roads 
not carrying 
freight excepted. 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 


REPORT OF THE C03IMISSI0N. 

shall be operated, whenever the carriers themselves shall 
have refused or neglected to establish voluntarily such through 
routes or joint classifications or joint rates; and this provision 
shall apply when one of the connecting carriers is a w'ater 
line. The commission shall not, however, establish any 
through route, classification, or rate between street electric 
passenger railways not engaged in the general business of 
transporting freight in addition to their passenger and 
express business and railroads of a different character, nor 
shall the commission have the right to establish any route, 
classification, rate, fare, or charge when the transportation 
is wTiolly by w T ater, and any transportation by w ater affected 
by this Act shall be subject to the laws and regulations 
applicable to transportation by water. In establishing such 
through route, the commission shall not require any company, 
without its consent, to embrace in such route substantially 
less than the entire length of its railroad and of any inter¬ 
mediate railroad operated in conjunction and under a common 
management or control therewith which lies between the 
termini of such proposed through route, unless to do so would 
make such through route unreasonably long as compared 
with another practicable through route which could otherwise 
be established. [18 June, 1910, 36 Stat. L., 552, c. 309, 
s. 12.] 


150 


EXISTING LAW. 


engaged in the general business of transporting freight in addition 
to th'.ir passenger and express business and railroads of a different 
charact' r, nor shall the commission have the right to establish any 
routf', classification, rate, fare, or charge when the transportation is 
wholly by wat' r, and any transportation by wat-r afheted by this 
Act shall be subject to the laws and regulations applicable to trans¬ 
portation by wat r. 

“And in establishing such through route, the commission shall 
not require any company, without its cons- nt, to embrace in such 
route substantially i ss than the entire length of its railroad and of 
any intermediate railroad operated in conjunction and under a 
common management or control therewith which li s between the 
termini of such proposed through route, unless to do so would make 
such through route unreasonably long as compared with another prac¬ 
ticable through route which could otherwise be established. * * * 


Water transpor¬ 
tation excluded. 


Through routes 
to embrace entire 
length of railroad. 


Exception. 


REPORT OF THE COMMISSION. 


Shipper may 1 
designate route of 
shipment; through 
bill of lading to be o 
issued, etc. ^ 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 


Sec. 79. In all cases where at the time of delivery 
of property to any railroad corporation being a common car¬ 
rier, for transportation subject to the provisions of this chapter 
or of chapter one of this Act, to any point of destination, 
between which and the point of such delivery for shipment, 
two or more through routes and through rates shall have been 
established as provided in this Act, to which through routes 
and through rates such carrier is a party, the person, firm, or 
corporation making such shipment, subject to such reasonable 
exceptions and regulations as the Interstate Commerce Com¬ 
mission shall from time to time prescribe,'shall have the right 
to designate in writing by which of such through routes such 
property shall be transported to destination, and it shall 
thereupon be the duty of the initial carrier to route said prop¬ 
erty and issue a through bill of lading therefor as so directed, 
and to transport said property over its own line or lines and 
deliver the same to a connecting line or lines according to 
such through route, and it shall be the duty of each of said 
connecting carriers to receive said property and transport it 
over the said line or lines and deliver the same to the next 
succeeding carrier or consignee according to the routing 
instructions in said bill of lading: Provided, however, That 
the shipper shall in all instances have the right to determine, 
where competing lines of railroad constitute portions of a 


152 


EXISTING LAW. 


SEC. 79. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 

“An Act to regulate commerce,’’ approved February fourth, eighteen hundred and 36 Stat. L., 553, 

eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 12. 

Sec. 12. * * * 

“In any case where at the tirre of delivery of property to any Shipper’s choice 
railroad corporation being a common carrier, for transportation 0 ^ 0 e l ^ tes t0 ob " 
subject to the provisions of this Act to any point of destination, * e ' 
between which and the point of such delivery for shiprrent two or 
more through routes and through rates shall have been established 
as in this Act provided to which through routes and through rates 
such carrier is a party, the person, firm, or corporation making such 
shiprr cnt, subject to such reasonable exceptions and regulations as 
the Inteistate Commerce Comn ission shall from time to time pre¬ 
scribe, shall have the right to designate in writing by which of such 
through routes such piopeity shall be transported to destination, 
and it shall thereupon be the duty of the initial carrier to route said Issue of through 
property and issue a through bill of lading therefor as so directed, 01 la< * in f’ etc ’’ 
and to transport said property over its own line or lines and deliver s reque& e 
the sarr e to a connecting line or lines according to such through 
route, and it shall be the duty of each of said connecting carriers 
to receive said property and transport it over the said line or lines 
and deliver the san e to the next succeeding carrier or consignee 
according to the routing instructions in said bill of lading: Provided, Proviso, 
however, That the shipper shall in all instances have the right to Choice of com- 
detern ine, where con peting lines of railroad constitute portions 0 f P etin » * inea ' 
a through line or route, over which of said co i peting lines so con¬ 
stituting a portion of said through line or route his freight shall be 
transported. * * * 


CSC93—14-20 


153 


REPORT OF THE COMMISSION. 


Shipping facili¬ 
ties furnished by 
shipper; allowance 
for, etc.; powers 
conferred upon 
commission not to 
exclude other pow¬ 
ers. 


1 through line or route, over which of said competing lines so 

2 constituting a portion of said through line or route his freight 

3 shall be transported. [18 June, 1910, 36 Stat. L., 553, c. 

4 309, s. 12.] 

5 Sec. 80. If the owner of property transported by a 

6 common carrier subject to the provisions of this chapter , 

7 directly or indirectly renders any service connected with such 

8 transportation, or furnishes any instrumentality used therein, 

9 the charge and allowance therefor shall be no more than is 

10 just and reasonable, and the commission may, after hearing 

11 on a complaint or on its own initiative, determine what is a 

12 reasonable charge as the maximum to be paid by the carrier 

13 or carriers for the services so rendered or for the use of the 

14 instrumentality so furnished, and fix the same by appropriate 

15 order, which order shall have the same force and effect and he 

16 enforced in like manner as the orders above provided for under 

17 this section. The powers conferred upon the commission by 

18 this section and the four sections last preceding shall not exclude 

19 any power which the commission otherwise would have in 

20 making an order under the provisions of this chapter. Any 

21 carrier, any officer, representative, or agent of a carrier, or 

22 any receiver, trustee, lessee, or agent of either of them, who 

23 knowingly fails or neglects to obey any order made under 

24 the provisions of this section or of either of the four sections 


154 


EXISTING LAW. 


SEC. 80. 


CHAP. 333.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to rejnlate commerce.’’ approved February fourth, eighteen hundred and 30 Stat. L , 551, 
eighty-seven, as heretofore amended, and for other purposes. 553, 554, c. 309, s. 

12 : 

Sec. 12. * * * 


“ If the owner of property transported under this Act directly or 
indirectly renders any service connected with such transportation, 
or furnishes any instrun entality used therein, the charge and allow¬ 
ance therefor shall be no n ore than is just and reasonable, and the 
conn ission n ay, after hearing on a co i plaint or on its own initia¬ 
tive, determine what is a reasonable charge as the ir.axinum to be 
paid by the carrier or carriers for the services so rendered or for the 
use of the instrumentality so furnished, and fix the satre by appro¬ 
priate order, which order shall have the same force and effect and be 
enforced in like manner as the orders above provided for under this 
section. 

“The foregoing enumeration of powers shall not exclude any 
power which the commission would otherwise hare in the making of 
an order under the provisions of this Act.” 

Sec. 13. * * * 

“Any carrier, any officer, representative, or agent of a carrier, or 
any receiver, trustee, lessee, or agent of either of them, who know¬ 
ingly fails or neglects to obey any order made under the provisions 
of section fifteen of this Act shall forfeit to the United States the 
sum of five thousand dollars for each offense. Every distinct viola¬ 
tion shall be a separate offense, and in case of a continuing violation 
each day shall be deemed a separate offense. * * * 


Allowance for 
transportation fa¬ 
cilities etc., fur¬ 
nished by shipper. 

D e t e rmination 
by commission. 


Other powers of 
Commission not 
excluded. 

June 18, 1910, 
36 Stat. L., 554, c. 
309, s. 13. 

Penalty for car¬ 
rier not obeying 
orders. 

Ante, p. 551. 

Continuing vio¬ 
lations. 


155 



REPORT OF TIIE COMMISSION. 


Unlawful for car¬ 
rier to disclose in¬ 
formation respect- 
iig shipments, etc.; 
penalty. 


1 last preceding shall forfeit to the United States the sum of 

2 five thousand dollars for each offense. Every distinct viola- 

3 tion shall be a separate offense, and in case of a continuing 

4 violation each day shall be deemed a separate offense. [18 

5 June, 1910, 36 Stat. L., 553, c. 309, ts. 12, 13.] 

6 Sec. 81. It shall be unlawful for any common carrier 

7 subject to the provisions of this chapter or of chapter one of 

8 this Act, or any officer, agent, or employee of such common 

9 carrier, or for any other person or corporation lawfully au- 

10 thorized by such common carrier to receive information there- 

11 from, knowingly to disclose to or permit to be acquired by 

12 any person or corporation other than the shipper or con- 

13 signec, without the consent of such shipper or consignee, any 

14 information concerning the nature, land, quantity, destina- 

15 tion, consignee, or routing of any property tendered or de- 

16 livered to such common carrier for interstate transportation, 

17 which information may be used to the detriment or prejudice 

18 of such shipper or consignee, or which may improperly dis- 

19 close his business transactions to a competitor; and it shall 

20 also be unlawful for any person or corporation to solicit or 

21 knowingly receive any such information which may be so 

22 used: Provided, That nothing in this chapter or in chapter 

23 one of this Act shall be construed to prevent the giving of 

24 such information in response to any legal process issued 

, ^ 15G 




EXISTING LAW. 


SEC. 81. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce.” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 12. 

Sec. 12. * * * 

“It shall be unlawful for any common carrier subject to the pro- Disclosing infor- 
visions of this .Act, or any officer, agent, or on plovee of such con- mation °f ship- 
n on earner, or lor any other person or corporation lawfully author¬ 
ized by such co"wo on carrier to receive information therefrom, 
knowingly to disclose to or pern it to be acquired by any person or 
corporation other than the shipper or consignee, without the consent 
of such shipper or consignee, any inform ation concerning the nature, 
kind, quantity, destination, consignee, or routing of any property 
tendered or delivered to such comn on carrier for interstate transpor¬ 
tation, which information rr ay be used to the detriment or prejudice 
of such shipper or consignee, or which n ay in propeily disclose his 
business transactions to a competitor; and it shall also be unlawfil Receiving, un- 
for any person or coiporation to solicit or knowingly receive any such lawful, 
inform ation which n ay be so used: Provided , That nothing in this Proviso. 

Act shall be construed to prevent the giving of such inform ation in Exception for 
response to any legal piocess issued under the authority of any state le 2 al P r0C038 ' 
or federal court, or to any officer or agent of the Government of the 
United States, or of any State or Territory, in the exercise of his 
powers, or to any officer or other duly authorized person seeking such 
information for the piosecutipn of persons charged with or suspected 
of crime; or information given bv a comm on carrier to another car- Adjustment of 
rier or its duly authorized agent, for the propose of adjusting mutual accounts, 
traffic accounts in the ordinary course of business of such carriers. 

“Any person, corporation, or association violating any of the pro- Penalty for Re¬ 
visions of the next preceding paragraph of this section shall be lations, 
deeT ed guilty of a misdemeanor, and for each offense, on conviction, 
shall pay to the United States a penalty of mot more than one thou¬ 
sand dollars. * * * 


REFORT OF TIIE COMMISSION. 


Proceedings in 
district courts for 
violations, and for 
refusal to obey or¬ 
der of Commission. 

Texas, etc., R. 
Co. v. Interstate 
Commerce Com¬ 
mission, 162 U. S., 
197; Interstate 
Commerce Com¬ 
mission v. Ala¬ 
bama Midland R. 
Co., 168 U. S., 144; 
Kentucky, etc., 
BridgeCo.t;. Louis¬ 
ville, etc., R. Co., 
37 Fed. Rep., 
567; Little Rock, 
etc., R. Co. v. East 
Tennessee, etc., R. 
Co.. 47 Fed Rep., 
771; Interstate 
Commerce Com¬ 
mission v. Lehigh 
Valley R. Co., 49 
Fed. Rep., 177; In¬ 
terstate Commerce 
Commissions. 
Atchison, etc., R. 
Co., 50 Fed. Rep., 
295; Toledo, etc., 
R. Co. v. Pennsyl¬ 
vania R. Co., 54 
Fed. Rep 730; In¬ 
terstate Commerce 
Commission v. 


1 under the authority of any state or federal court, or to any 

2 officer or agent of the Government of the United States, or 

3 of any State or Territory, in the exercise of his powers, or to 

4 any officer or other duly authorized person seeking such 

5 information for the prosecution of persons charged with or 

6 suspected of crime; or information given by a common carrier 

7 to another carrier or its duly authorized agent, for the purpose 

8 of adjusting mutual traffic accounts in the ordinary course of 

9 business of such carriers. Any person, corporation, or asso- 

10 ciation violating any provision of this section shall pay to 

11 the United States a penalty of not more than one thousand 

12 dollars. [18 June, 1910, 36 Stat. L., 553, c. 309, s. 12.] 

13 Sec. 82. If, after hearing on a complaint made as 

14 provided in sections seventy-four and seventy-five , the 

15 Commission shall determine that any party complainant 

16 is entitled to an award of damages under the pro- 

17 visions of this chapter for a violation thereof, or of 

18 chapter one of this Act , the Commission shall make an 

19 order directing the carrier, on or before a day named, 

20 to pay to the complainant the sum to which he 

21 is entitled. If a carrier does not comply with an order for 

22 the payment of money within the time limit in such order, 

23 the complainant, or any person for whose benefit such order 

24 was made, may file in the district court of the United States 


158 


EXISTING LAW. 


fcl-C. C2. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 1G; I 
Supp., 529. 

CHAP, 382.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mcr. 2. 18S9. 
proved February fourth, eighteen hundred and eighty-seven. 25 Slat. L., 855, 

8G3, c. 382, s. 5; I 
Supp., 090. 

Sec. 5. That section sixteen of said Act is hereby amended so as Amendments to 

to lead as follows: se ^ i ',’ I1 0 1 . (5 - oe . 

Vol. 24, p. 384. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 5. 

Sec. 5. That section sixteen of said Act, as amended March second, Vol. 25, p. 859, 
eighteen hundred and eighty-nine, be amended so as to read as follows: amende( b 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, a. 13. 

Sec. 13. That section sixteen of said Act to regulate commerce, as Enforcing orders 
heretofore amended, is hereby now amended so as to read as follows: oi Commission. 

“Sec. 16. That if, after hearing on a complaint made as provided Vol. 24, p. 384; 
in section thirteen of this Act, the commission shall determine that y°j- P- ^>9; 
any party complainant is entitled to an award of damages under the amended. 1 ’ ° ’ 
provisions of this Act for a violation thereof, the commission shall Payment of 
make an order directing the carrier to pay to the complainant the money damages, 
sum to which he is entitled on or before a day named. 

“If a carrier does not comply with an order for the payment of Proceedings in 
money within the time limit in'such order, the complainant, or any money * b e^nVt 
person for whose benefit such order was made, may file in the circuit pa i d / 

159 


REPORT OF THE COM3IISSIOX. 


Cincinnati, etc., R. 
Co., 56 Fed. Rep. 
925; In terstate 
Commerce Com¬ 
mission v. Detroit, 
etc., R. Co., 57 
Fed. Rep., 1005; 
Interstate Com¬ 
merce Commission 
v. East Tennessee, 
etc., R. Co., 85 
Fed. Rep., 107; In¬ 
terstate Commerce 
Commission v. Chi¬ 
cago, etc., R. Co., 
94 Fed. Rep., 272; 
Interstate Com¬ 
merce Commission 
v. Southern Pac. 
R. Co., 137 Fed. 
Rep., 606; Western 
N. Y., etc., R. Co. 
v. Penn Refining 
Co., 137 Fed. Rep., 
343; T3aer Pros. 
Merc. Co. v. D. & 
R. G. R. R. Co., 
233 U. S., 479. 


1 for the district in which he resides, or in which is located the 

2 principal operating office of the carrier, or through which the 

3 road of the carrier runs, or in a state court of general juris- 

4 diction having jurisdiction of the parties, a petition setting 

5 forth briefly the causes for which he claims damages, and the 

6 order of the Commission in the premises. Such suit in the 

7 district court of the United States shall proceed in all respects 

8 like other civil suits for damages, except that on the trial of 

9 such suit the findings and order of the Commission shall be 

10 prima facie evidence of the facts therein stated, and except 

11 that the petitioner shall not be liable for costs in the district 

12 court nor for costs at any subsequent stage of the ju’occedings 

13 unless they accrue upon his appeal. If the petitioner shall 

14 finally prevail he shall be allowed a reasonable attorney's fee, 

15 to be taxed and collected as a part of the costs of the suit. All 

16 complaints for the recovery of damages shall be filed with the 

17 Commission within two years from the time the cause of action 

18 accrues, and not thereafter; and a petition for the enforce- 

19 ment of an order for the payment of money shall be filed in 

20 the district court within one year from the date of the order, 

21 and not thereaftcr. In such suits all parties in whose favor the 

22 Commission may have made an award for damages by a single 

23 order may be enjoined as plaintiff, and all of the carriers par- 

24 ties to such order awarding such damages may be joined 


1GO 


EXISTING LAW. 


court of the United States for the district in which he resides or in 1 

which is located the principal operating office of the carrier, or 

through which the road of the carrier runs, or in any state court of 

general jurisdicti >n having jurisdiction of the. parties, a petition 

setting forth briefly the causes for which he claims damages, and the 

order of the commission in the premises. Such suit in the circuit Finding etc 

court of the United States shall proceed in all respects like other civil of hom mission 

suits for damages, except that on the trial of such suit the findings prima facia evi- 

and order of the commission shall be prima facie evidence of the facts ^ ence - 

therein stated, and except that the petitioner shall not be liable for 

costs in the circuit court nor for costs at any subsequent stage of the 

proceedings unless they accrue upon his appeal. If the petitioner Attorney’s fee. * 

shall finally prevail he shall be allowed a reasonable attorney’s fee, 

to be taxed and collected as a part of the costs of the suit. All com- Time limit for 

plai >ts for the recovery of damages shall be fded with the commission complaints. 

within two j'oars from the time the cause of action accrues, and not 

after, and a petiti >n for the enforcement of an order for the payment 

of money shall be filed in the circuit court or state court within one 

year from the date of the order, and not after. 

“In such suits all parties in whose favor the commission may have Joining of par- 
made an award for damages by a single order may be joined as plain- tie3, 
tiffs, and all of the carriers parties to such order awarding such 
damages may be joined as defendants, and such suit may be main¬ 
tained by such joint plaintiffs and against such joint defendants in 
any district where any one of such joint plaintiffs could maintain Ser ^ ce o{ roc 
such suit against any one of such joint defendants; and service of esg ervice 0 proc_ 
process against any one of such defendants as may not be found in 
the district where the suit is brought may be made in any district 
where such defendant carrier has its principal operating office. In Recoveries, 
case of such joint suit the recovery, if any, may be by judgment in 
favor of any one of such plaintiffs, against the defendant found to 
be liable to such plaintiff. 

“ Every order of the commission shall be forthwith served upon Service of or- 
the designated agent of the carrier in the city of Washington or in der3 - 
such other manner as may be provided by law. 

“The commission shall be authorized or suspend or modify its Suspension of or- 
orders upon such notice and in such manner as it shall deem proper. cier3 - 

“It shall be the duty of every common carrier, its agents and Compliance by 
employees, to observe and comply with such orders so long as the 
same shall remain in effect. 

SEC. 82. 

CHAP. 32.—An Act Making appropriations to supply urgent deficiencies in appropri- Oct. 22, 1913, 

ations for the fiscal year nineteen hundred and thirteen, and for other purposes. 38 Stat. L., 219, 

220 , 221 . 

The Commerce Court, created and established by the Act entitled Abolished after 
“An Act to create a Commerce Court and to amend the Act entitled D< yoi m 36 r31, * 539 * 
‘An Act to regulate commerce/ approved February fourth, eighteen 1146 ° * ’ pp ' 

hundred and eighty-seven, as heretofore amended, and for other 
purposes,” approved June eighteenth, nineteen hundred and ten, is 
abolished from and after December thirty-first, nineteen hundred 
and thirteen, and the jurisdiction vested hi said Commerce Court by Jurisdiction to 
slid Act is transferred to and vested in the several district courts of courts 111 dl;itrJCt 
the United States, and all Acts or parts of Acts in so far as they relate ou 3 ' 
to the establishment of the Commerce Court are repealed. 


6SG03—14-21 


1G1 


REPORT OF TIIE COMMISSION. 


1 as defendants, and such suit may be maintained by such 

2 joint plaintiffs and against such joint defendants in any dis- 

3 trict where any one of such joint plaintiffs could maintain 

4 such suit against any one of such joint defendants; and service 

5 of process against any one of such defendants as may not be 

6 found in the district where the suit is brought may be made 

7 in any district where such defendant carrier has its principal 

8 operating office. In case of such joint suit the recovery, if 

9 any, may be by judgment in favor of any one cf such plaintiffs, 

10 against the defendant found to be liable to such plaintiff. 

11 Every order of the Commission shall be forthwith served 

12 upon the designated agent of the carrier in the city of Wash- 

13 ington or in such other manner as may be provided by law. 

14 The Commission is authorized to suspend or modify its orders 

15 upon such notice and in such manner as it shall deem proper. 

16 It shall be the duty of every common carrier, its agents and 

17 employees, to observe and comply with such order so long 

18 as the same shall remain in effect. [4 Feb., 1887, 24 Stat. 

19 L., 384, c. 104, s. 16. 2 Mar., 1889, 25 Stat. L., 859, c. 

20 382, s. 5; 1 Supp. 688. 29 June, 1906, 34 Stat. L., 590, 

21 c. 3591, s. 5. 18 June, 1910, 36 Stat. L., 554, c. 309, s. 13.] 


1G2 



































EXISTING LAW. 





























REPORT OF THE COMMISSION. 


Commission may 1 
grant relioaring; re¬ 
hearing not to sus- 
])piicl operation of <r> 
order. " 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 


Sec. 83. After a decision, order, or requirement has 
been made by the Commission in any proceeding, any party 
thereto may at any time make application for rehearing of 
the same, or any matter determined therein; and it shall be 
lawful for the Commission in its discretion to grant such a 
rehearing if sufficient reason therefor be made to appear. 
Applications for rehearing shall be governed by such general 
rules as the Commission may establish. No such application 
shall excuse any carrier from complying with or obeying any 
decision, order, or requirement of the Commission, or operate 
in any manner to stay or postpone the enforcement thereof, 
without the special order of the Commission. In case a 
rehearing is granted, the proceedings (hereon shall conform 
as nearly as may be to the proceedings in an original hearing, 
except as the Commission may otherwise direct. If, in its 
judgment, after such rehearing, and the consideration of all 
facts, including those arising since the former hearing, it 
shall appear that the original decision, order, or requirement 
is in any respect unjust or unwarranted, the Commission may 
reverse, change, or modify the same accordingly. Any 
decision, order, or requirement made after such rehearing, 
reversing, changing, or modifying the original determination, 
shall be subject to the same provisions as an original order. 
[29 June, 1906, 34 Stat. L., 592, c. 3591, s. 6.] 


1G4 


EXISTING LAW. 


SEC. 83. 

CHAP. 3-591—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906,34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- S tat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 6. 

Sec. 6. 7 hat a new section be added to said Act immediately after Reheatings, 
section sixteen, to be numbered as section sixteen a, as follows: 

“Sec. IGa. 'l hat after a decision, order, or requirement has been made Applications to 
by the Commission in any proceeding any party thereto may at any Commission, 
time make application for rehearing of the same, or any matter deter¬ 
mined therein, and it shall be lawful for the Commission in its discre¬ 
tion to grant such a rehearing if sufficient reason therefor be made 
to appear. Applications for rehearing shall be governed by such 
general rules as the Commission may establish. No such application Not to suspend 
shall excuse any carrier from complying with or obeying any decision, enforcement, etc. 
order, or requirement of the Commission, or operate in any manner 
to stay or postpone the enforcement thereof, without the special order 
of the Commission. In case a rehearing is granted the proceedings Proceedings, 
thereupon shall conform as nearly as may be to the proceedings in an 
original hearing, except as the Commission may otherwise direct; and 
if, in its judgment, alter such rehearing and the consideration of all 
facts, including those arising since the former hearing, it shall appear 
that the original decision, order, or requirement is in any respect 
unjust or unwarranted, the Commission may reverse, change, or 
modify the same accordingly. Any decision, order, or requirement Effect of deci- 
made after such rehearing, reversing, changing, or modifying the S10n - 
original determination shall be subject to the same provisions as an 
original order. 


1G5 




REPORT OF THE C030IISSION. 


Written reports 
of investigation to 
be made by Com¬ 
mission. 

Texas, etc., R. 
Co. v. Interstate 
Commerce Com¬ 
mission. 162 U. S., 
197;Interstate 
Commerce Com¬ 
mission v. Louis¬ 
ville, etc., R. Co., 
73 Fed. Rep., 409. 


Order of Com¬ 
mission to be en¬ 
forced by proceed¬ 
ings in district 
court. 


1 Sec. 84. Whenever an investigation shall be made 

2 by said Commission, it shall he its duty to make a report in 

3 writing in respect thereto, which shall state the conclusions 

4 of the Commission, together with its decision, order, or re- 

5 quirement in the premises; and in case damages are awarded 

6 such report shall include the findings of fact on which the 

7 award is made. All reports of investigations made by the 

8 Commission shall be entered of record, and a copy thereof 

9 shall be furnished to the party who may have complained, 

10 and to any common carrier that may have been complained 

11 of. [4 Feb., 1887, 24 Stat. L., 384, c. 104, s. 14. 2 Mar., 

12 1889, 25 Stat. L., 859, c. 382, s. 4; 1 Supp., 687. 29 June, 

13 1906, 34 Stat. L., 589, c. 3591, s. 3.] 

14 Sec. 85. If any carrier fails or neglects to obey any 

15 order of the Commission, other than for the payment of money, 

16 while the same is in effect, the Interstate Commerce Comrnis- 

17 sion or any party injured thereby, or the United States, by 

18 its Attorney-General, may apply to the proper district court 

19 for the enforcement of such order. If, after hearing, that 

20 court determines that the order was regularly made and 

21 duly served, and that the carrier is in disobedience of the 

22 same, the court shall enforce obedience to such order by a 

23 writ of injunction or other proper process, mandatory or 


1GG 


EXISTING LAW 


SEC. 84. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s 14; I 
Supp., 529. 

CHAP. 382. —An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2, 1889. 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c.382, 8. 4; I 
Supp., 690. 

Sf.c. 4. That section fourteen of said act is hereby amended so as Amendments to 
to read as follows; to section 14. 

Vol. 24, p. 384. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 3. 

Sf.c. 3. That section fourteen of said Act, as amended March second, Investigations, 
eighteen hundred i n<t eighty-nine, be amended so as to read as follows: Vo1 -, 2 . 5 > P* 859 > 
“Sec. 14. That wheneverrninvestigationshaUbemadebysaidCore- aD Reports to give 
mission, it shall be its duty to make a report in writing in respect conclusions,orders, 
thereto, which shall state the conclusions of the Commission, together etc. 
with its decision, order, or requirement in the preirises; and in case 
damages are awarded such report shall include the findings of fact on 
which the award is made. 

“All reports of investigations made bv the Commission shall be Record, etc. 
entered of record, and a copy thereof shall be furnished to the party 
who may have complained, and to any common carrier that may have 
been complained of. * * * 


SEC. 85. 


CHAP. 104.—An Act To regulate commerce. Feb. 4, 18S7. 

24 Stat. L., 379: 
c.'104, 8. 16; I 
Supp., 529. 

CHAP. 382. —An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2, 1889. 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c. 382, s. 5; I 
Supp., 690. 


Sec. 5. That section sixteen of said act is hereby amended so as to 
read as follows: 


Amendments to 
section 16. 

Vol. 24, p‘. 38*1. 


CHAP. 3591. —An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906,34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 5. 


Sec. 5. That section sixteen of said Act, as amended March second, y 0 j 2 5 p 859, 
eighteen hundred and eighty-nine, be amended so as to read as follows: amended.’ 


CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 13. 


Sec. 13. That section sixteen of said Act to regulate commerce, as 
heretofore amended, is hereby now amended so as to read as follows: 
Sec. 16. * * * 


Enforcing orders 
of Commission. 

Vol. 24, p. 384; 
Vol. 25, p. 859; 
Vol. 34, p. 590, 
amended. 


“If any carrier fails or neglects to obey any order of the commission Commerce court 
other than for the payment of money, while the same is in effect, ^heTdlan money 
the Interstate Commerce Commission or any party injured thereby, payments. 7 


1G7 


REPORT OF TIIE COMMISSION. 


Review of final 
judgment by Su¬ 
preme Court. 

Vol. 36, p. 557. 


Commission may 
require carriers to 
file annual reports; 
may require 
monthly reports 
and un iform sys¬ 
tem of accounts. 

I. C. C. v. Good¬ 
rich Transit Co., 
221 U. S., 194; K. 
C. S. Ry. Co. v. 
U. S., 231 U. S., 
423. 


1 otherwise, to restrain such carrier, its officers, agents, or rep- 

2 resentatives, from further disobedience of such order, or to 

3 enjoin upon it or them obedience to the same. [4 Feb., 

4 1887, 24 Stat. L., 384, c. 104, s. 16; 1 Supp., 532. 2 Mar., 

5 1889, 25 Stat, L., 859, c. 382, s. 5; 1 Supp., 688. 29 June, 

6 1906, 34 Stat. L., 591, c. 3591, s. 5. IS June, 1910, 36 

7 Stat. L., 555, c. 309, s. 13. 22 Oct., 1913, 38 Stat. L., 

8 219, c. 32.] 

9 Sec. 86. A final judgment or decree of the district court 

10 may be reviewed by the Supreme Court of the United States 

11 if appeal to the Supreme Court be taken by an aggrieved 

12 party within sixty days after the entry of such final judgment 

13 or decree, and such appeals may be taken in like manner as 

14 appeals are taken under existing law in equity cases. And 

15 in such case the notice required shall be served upon the 

16 defendants in the case and upon the attorney general of the 

17 State. [22 Oct., 1913, 38 Stat. L., 219, c. 32.] 

18 Sec. 87. The Commission is authorized to require 

19 annual reports from all common carriers subject to the pro- 

20 visions of this chapter or of chapter one of this Act, and from 

21 the owners of all railroads engaged in interstate commerce 

22 as defined in said chapter one, to prescribe the manner in 


1G8 


EXISTING LAW. 


or the United States, by its Attorney-General, may apply to the 
commerce court for the enforcement of such order. If, after hearing, 
that court determines that the order was regularly made and duly 
served, and that the carrier is in disobedience of the same, the court 
shall enforce obedience to such order by a writ of injunction or other 
proper process, mandatory or otherwise, to restrain such carrier, its 
officers, agents, or representatives, from further disobedience of such 
order, or to enjoin upon it or them obedience to the same. 


Ante, p. 539. 
Powers of court. 


SEC. 85. 


CHAP. 32.—An Act Making appropriations to supply urgent deficiencies in appropri- Oct. 22, 1913, 

ations for the fiscal year nineteen hundred and thirteen, and for other purposes. 38 Stat. L., 219, 

220 , 221 . 

The Commerce Court, created and established by the Act entitled Abolished after 
“ An Act to create a Commerce Court and to amend the Act entitled 
‘An Act to regulate commerce/ approved February fourth, eighteen 1146 ° ' ’ pp ' ° ’ 

hundred and eighty-seven, as heretofore amended, and for other 
purposes/' approved June eighteenth, nineteen hundred and ten, is 
abolished from and after December thirty-first, nineteen hundred 
and thirteen, and the jurisdiction vested in said Commerce Court by Jurisdiction to 
said Act is transferred to and vested in the several district courts of vest \ in district 

p m 1 -pfq 

the United States, and all Acts or parts of Acts in so far as they relate 
to the establishment of the Commerce Court are repealed. * * * 


SEC. 86. 

CHAP. 32.—An Act Making appropriations to supply urgent deficiencies in appropri- Oct. 22, 1913, 

ations for the fiscal year nineteen hundred and thirteen, and for other purposes. 38 Stat. L., 219, 

220 , 221 . 

* * * A final judgment or decree of the district court may be . Review of final 

reviewed by the Supreme Court of the United States if appeal to the ] ^eme e Court y SU " 
Supreme Court be taken by an aggrieved party within sixty days after pleme our • 
the entry of such final judgment or decree, and such appeals may be 
taken in like manner as appeals are taken under existing law in equity 
cases. And in such case the notice required shall be served upon Vol. 36, p. 557. 
the defendants in the case and upon the attorney general of the 
State. * * * 


SEC. 87. 

CHAP. 104.—An Act To regulate commerce. 


Feb. 4, 1887. 

24 Stat. L., 379, 
c. 104, s. 20; I 
Supp., 529. 


CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 7. 


Sec. 7. That section twenty of said Act be amended so as to read as Annual reports, 
follows: . . Vo1 ' 24 ' P' m 

“Sec. 20. That the Commission is hereby authorized to require Common carriers 
annual reports from all common carriers subject to the provisions of 
this Act, and from the owners of all railroads engaged in interstate questions of Com- 
commerce as defined in this Act, to prescribe the manner in which mission, 
such reports shall be made, and to require from such carriers specific 


68693—1' 


-22 


169 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 


REPORT OF THE COMMISSION. 

which such reports shall be made, and to require from such 
carriers specific answers to all questions upon which the 
Commission may need information. Such annual reports 
shall show in detail the amount of capital stock issued, the 
amounts paid therefor, and the manner of payment for the 
same; the dividends paid, the surplus fund, if any, and the 
number of stockholders; the funded and floating debts and the 
interest paid thereon; the cost and value of the carrier’s 
property, franchises, and equipments; the number of em¬ 
ployees and the salaries paid each class; the accidents to pas¬ 
sengers, employees, and other persons, and the causes thereof; 
the amounts expended for improvements each year, how 
expended, and the character of such improvements; the earn¬ 
ings and receipts from each branch of business and from all 
sources; the operating and other expenses; the balances of 
profit and loss; and a complete exhibit of the financial opera¬ 
tions of the carrier each year, including an annual balance 
sheet. Such reports shall also contain such information in 
relation to rates or regulations concerning fares or freights, 
or agreements, arrangements, or contracts affecting the same 
as the Commission may require; and the Commission may. 
in its discretion, for the purpose of enabling it the better to 
carry out the purposes of this chapter and of said chapter one 


EXISTING LAW. 


answers to all questions upon which the Commission may need informa¬ 
tion. Such annual reports shall show in detail the amount of capital Details, 
stock issued, the amounts paid therefor, and the manner of payment 
for the same; the dividends paid, the surplus fund, if any, and the 
number of stockholders; the funded and floating debts and the interest 
paid thereon; the cost and value of the carrier’s property, franchises, 
and equipments; the number of employees and the salaries paid each 
class; the accidents to passengers, employees, and other persons, 
and the causes thereof; the amounts expended for improvements 
each year, how expended, and the character of such improvements; 
the earnings and receipts from each branch of business and from 
all sources; the operating and other expenses; the balances of profit 
and loss; and a complete exhibit of the financial operations of the 
carriers each year, including an annual balance sheet. Such reports 
shall also contain such information in relation to rates or regulations to rates, contracts, 
concerning fares or freights, or agreements, arrangements, or contracts etc. 
affecting the same as the Commission may require; and the Commis- Uniform system 
sion may, in its discretion, for the purpose of enabling it the better to of accounts - 
carry out the purposes of this Act, prescribe a period of time within 
which all common carriers subject to the provisions of this Act shall 
have, as near as may be, a uniform system of accounts, and the man¬ 
ner in which such accounts shall be kopt. * * * 

“The oath required by this section may be taken before any person 
authorized to administer an oath by the laws of the State in which the of oath - 
same is taken. 


Information as 


Administration 


SEC. 87. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 14. 

Sec. 14. That section twenty of said Act to regulate commerce, Annual state- 
as heretofore amended, is hereby amended by striking out the follow- m< ^ s - 94 386 . 

ing paragraph: . „ , . , . . , Vol. 34, ’p P ' 593,' 

“Said detailed reports shall contain all the required statistics for amended, 
the period of twelve months ending on the thirtieth day of June in Matter stricken 
each year, and shall be made out under oath and filed with the com- out 
mission, at its office in Washington, on or before the thirtieth day of 
September then next following, unless additional time be granted 
in any case by the commission; and if any carrier, person, or corpora¬ 
tion subject to the provisions of this Act shall fail to make and file 
said annual reports within the time above specified, or within the time 
extended by the commission for making and filing the same, or shall 
fail to make specific answer to any question authorized by the provi¬ 
sions of this section within thirty days from the time it is lawfully 
required so to do, such parties shall forfeit to the United States the 
sum of one hundred dollars for each and every day it shall continue 
to be in default with respect thereto. The commission shall also 
have authority to require said carriers to file monthly reports of earn¬ 
ings and expenses or special reports within a specified period, and if 
any such carrier shall fail to file such reports within the time fixed by 
the commission it shall be subject to the forfeitures last above pro¬ 
vided;" 

And by inserting in lieu of the paragraph so stricken out the fol¬ 
lowing: . . 

“Said detailed reports shall contain all the required statistics for Annual reports 
the period of twelve months ending on the thirtieth day of June in V Qd changed’ P<5 ’ 
each year, or on the thirty-first day of December in each year if the 
commission by order substitute that period for the year ending June 
thirtieth, and shall be made out under oath and filed with the commis¬ 
sion at its office in Washington within three months after the close 
of the year for which the report is made, unless additional time be 


171 


t 


REPORT OF THE COMMISSION. 


1 of this Act, prescribe a period of time within which all com- 

2 mon carriers subject to its provisions shall have, as near as may 
8 be, a uniform system of accounts, and the manner in which such 

4 accounts shall be kept. Said detailed reports shall contain 

5 all the required statistics for the period of twelve months 

w 6 ending on the thirtieth day of Junexin each year, or on the 

.7 thirty-first day of December in each year if the commission 

8 by order substitute that period for the year ending June 

9 thirtieth, and shall be made out under oath and filed with the 

10 commission at its office in Washington within three months 

11 after the close of the year for which the report is made, 

,CIU r: ' : .• r• 

J, n. - . . * . ; . . . * •' • , . . * • 

. 12 unless additional time be granted in any case by the commis- 

18 sion; and if any carrier, person, or corporation subject to the 
Xii ‘.V 3 . . . ' ; 

14 provisions of this chapter or of chapter one of this Act shall 

15 fail to make and file said annual reports wfithin the time above 

16 specified, or within the time extended by the commission, 

17 for making and filing the same, or shall fail to make specific 

18 answer to any question authorized by the provisions of this 

19 section within thirty days from the time it is lawfully required 

’i XI _ . " - • ; • . J.ViV' 

20 so to do, such party shall forfeit to the United States the sum 

21 of one hundred dollars for each and every day it shall continue 

x • 22 to be, in default with respect thereto. The commission shall 

i ' 0£ ' . _ _ _ ' " 

23 also have authority by general or special orders to require 


cd -mi- j 


; i 



172 



EXISTING LAW. 


granted in any case by the commission; and if any carrier, person, or Penalty lor non- 
corporation subject to the provisions of this Act shall fail to make and compliance, 
file said annual reports within the time above specified, or within the 
time extended by the commission, for making and filing the same, 
or shall fail to make specific answer to any question authorized by 
the provisions of this section within thirty days from the time it is 
lawfully required so to do, such party shall forfeit to the United 
States the sum of one hundred dollars for each and every day it shall 
continue to be in default with-respect thereto. The commission. Monthly, period- 
shall also have authority by general or special orders to require said ical > or s P eci . al \ 0 ' 
carriers, or any ot them, to hie monthly reports of earnings and 
expenses, and to file periodical or special, or both periodical and 
special, reports concerning any matters about which the commis¬ 
sion is authorized or required by this or any other law to inquire or 
to keep itself informed or which it is required to enforce; and such 
periodical or special reports shall be under oath whenever the com¬ 
mission so requires; and if any such carrier shall fail to make and Penalty for fail- 
file any such periodical or special report within the time fixed by the urc - 
commission, it shall be subject to the forfeitures last above provided.” 



173 




REPORT OF THE COMMISSION. 


Commission to 
have access to ac¬ 
counts, etc., of car¬ 
riers; may pre¬ 
scribe forms of ac¬ 
counts which shall 
be kept; penalty 
for refusal to keep. 
Agent not to di¬ 
vulge information; 
penalty. 


1 said carriers, or any of them, to file monthly reports of earnings 

2 and expenses, and to file periodical or special, or both periodi- 

3 cal and special, reports concerning any matters about which 

4 the commission is authorized or required by this or any other 

5 law to inquire or to keep itself informed or which it is required 

6 to enforce; and such periodical or special reports shall be under 

7 oath whenever the commission so requires; and if any such 

8 carrier shall fail to make and file any such periodical or special 

9 report within the time fixed by the commission, it shall be 

10 subject to the forfeitures last above provided. The oath 

11 required by this section may be taken before any person 

12 authorized to administer an oath by the laws of the State in 

13 which the same is taken. [4 Feb., 1887, 24 Stat. L., 386, 

14 c. 104, s. 20; 1 Supp., 532. 29 June, 1906, 34 Stat. L., 

15 593, c. 3591, s. 7. 18 June, 1910, 36 Stat. L., 556, c. 309, 

16 s. 14.] 

17 Sec. 88. The Commission shall at all times have access 

18 to all accounts, records, and memoranda kept by carriers 

19 subject to the provisions of chapter one of this Act; and it 

20 may employ special agents or examiners, who shall have 

21 authority, under the order of the Commission, to inspect and 

22 examine any and all accounts, records, and memoranda kept 

23 by such carriers. The Commission may, in its discretion, 

24 prescribe the forms of any and all accounts, records, and 


174 


EXISTING LAW. 


SEC. 88. 

CHAP. 104.—An Act To regulate commerce. 


SEC. 88. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,’’ 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend¬ 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 

Sec. 7. That section twenty of said Act be amended so as to read 
as follows: 

Sec. 20. * * * 

“The Commission may, in its discretion, prescribe the forms of 
any and all accounts, records, and memoranda to be kept by carriers 
subject to the provisions of this Act, including the accounts, records, 
and memoranda of the movement of traffic as well as the receipts and 
expenditures of moneys. The Commission shall at all times have 
access to all accounts, records, and memoranda kept by carriers sub¬ 
ject to this Act, and it shall be unlawful for such carriers to keep 
any other accounts, records, or memoranda than those prescribed or 
approved by the Commission, and it may employ special agents or 


Feb. 4, 1887. 

24 Stat. L., 379, 
c. 104; s. 20; I 
Supp., 529. 


June 29, 1906, 34 
Stat. L., 584, c. 
3591, s. 7. 

Annual reports. 
Vol. 24, p. 386. 


Forms of ac¬ 
counts, etc. 


Access to rec¬ 
ords. 


Examinations. 


175 


REPORT OF THE COMMISSION. 

1 memoranda to be kept by such carriers, including' the accounts, 

2 records, and memoranda of the movement of traffic, as well as 

3 the receipts and expenditures of moneys; and it shall be 

4 unlawful for such carriers to keep any other accounts, records, 

5 or memoranda than those prescribed or approved by the 

6 Commission. The provisions of this section shall apply to 

7 receivers of carriers and to operating trustees. In case of 

8 failure or refusal on the part of any such carrier, receiver, or 

9 trustee to keep such accounts, records, or memoranda on the 

10 books and in the manner prescribed by the Commission, or 

11 to submit such accounts, records, or memoranda as are kept, 

12 to the inspection of the Commission or any of its authorized 

13 agents or examiners, such carrier, receiver, or trustee shall 

14 forfeit to the United States the sum of five hundred dollars for 

15 each such offense, and for each day of the continuance of such 

16 offense. Any special agent or examiner who shall divulge 

17 any fact or information which may come to his knowledge 

18 during the course of an examination as provided in this section , 

19 except in so far as he may be directed by the Co mm ission, or 

20 by a court or a judge thereof, shall be fined not more than five 

21 thousand dollars, or imprisoned not more than two years, or 

22 both. [4 Feb., 1887, 24 Stat. L., 386, c. 104, s. 20; 1 Supp., 

23 532. 29 June, 1906, 34 Stat. L., 594, c. 3591, s. 7.] 


176 



EXISTING LAW. 


examiners, who shall have authority under the order of the Commis¬ 
sion to inspect and examine an}* and all accounts, records, and mem¬ 
oranda kept by such carriers. This provision shall apply to receivers 
of carriers and operating trustees. 

“In case of failure or refusal on the part of any such carrier, 
receiver, or trustee to keep such accounts, records, and memoranda 
on the books and in the manner prescribed by the Commission, or to 
submit such accounts, records, and memoranda as are kept to the 
inspection of the Commission or any of its authorized agents or exam¬ 
iners, such carrier, receiver, or trustee shall forfeit to the United 
States the sum of live hundred dollars for each such offense and for 
each and ever}’ day of the continuance of such offense, such forfeitures 
to be recoverable in the same manner as other forfeitures provided for 
in this Act. * * * 

“Any examiner who divulges any fact or information which may 
come to his knowledge during the course of such examination, except 
in so far as he may be directed by the Commission or by a court or 
judge thereof, shall be subject, upon conviction in any court of the 
United States of competent jurisdiction, to a fine of not more than 
five thousand dollars or imprisonment for a term not exceeding two 
years, or both. 




* 


1 . 


Penalty for fail¬ 
ing to keep ac¬ 
counts, etc. 


Punishment for 
divulging facts by 
examiner. 


68693—14-23 


177 






REPORT OF THE C03IMISSI0N. 


District courts 
may issue writ of 
mandamus to com¬ 
pel compliance 
with this act. 


District court 
may issue manda¬ 
mus to compel 
equal facilities. 

U. S. v. Dela¬ 
ware, etc., R. Co., 
40 Fed. Rep., 101; 
U. S. v. Norfolk, 
etc., R. Co., 109 
Fed. Rep., 831; 
ib., 114 Fed. Rep., 
682. 



1 Sec. 89. The district courts of the United States shall 

2 have jurisdiction, upon the application of the Attorney Gen- 

3 eral at the request of the Commission, alleging a failure to 

4 comply with, or a violation of, any provision of this chapter 

5 or of chapter one of this Act, to issue a writ of mandamus coin- 

6 manding such common carriers to comply with the provisions 

7 of said chapters, or any of them. [4 Feb., 1887, 24 Stat. L., 

8 386, c. 104, s. 20; 1 Supp., 532. 29 June, 1906, 34 Stat. 

9 L., 594, c. 3591, s. 7.] 

10 Sec. 90. The district courts of the United States shall 

11 have jurisdiction upon the relation of any person or persons, 

12 firm, or corporation, alleging such violation by a common car- 

13 rier, of any of the provisions of chapters one and two of this Act, 

14 as prevents the relator from having interstate traffic moved by 

15 said common carrier at the same rates as are charged, or upon 

16 terms or conditions as favorable as those given by said common 

17 carrier for like traffic under similar conditions to any other 

18 shipper, to issue a writ or writs of mandamus against said com- 

19 mon carrier, commanding such common carrier to move and 

20 transport the traffic, or to furnish cars or other facilities for 

21 transportation for the party applying for the writ: Provided, 

22 That if any question of fact as to the proper compensation to 

23 the common carrier for the service to he enforced by the writ 

24 is raised by the pleadings, the writ of peremptory mandamus 


178 



EXISTING LAW. 


SEC. 89. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379, 
c. 104, s. 20; I 
Supp., 529. 

CHAP. 3591.—An Act To amend an Act entitled ‘'An Act to regulate commerce,” June 29, 1900, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591. 8. 7. 

Sec. 7. That section twenty of said Act be amended so as to read 
as follows: Vo1 - 24 > P- 386 - 

“Sec. 20. * * * 

“That the circuit and district courts of the United States shall have Jurisdiction to 
jurisdiction, upon the application of the Attorney General of the c °njP el compliance 
United States at the request of the Commission, alleging a failure to " l ' 1 ie * u a lon8 ' 
comply with or a violation of any of the provisions of said Act to 
regulate commerce or of any Act supplementary thereto or amenda¬ 
tory thereof by any common carrier, to issue a writ or writs of man¬ 
damus commanding such common carrier to comply with the provi¬ 
sions of said Acts, or any of them. * * * 


SEC. 90. 

CHAP. 382.—An Act To amend an Act entitled "An Act to regulate commerce,” ap- Mar. 2, 1889. 

proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c. 382, s. 10; I 
Supp., 690. 

Sec. 10. That the circuit and district courts of the United States Circuit and dis- 
shall have jurisdiction upon the relation of any person or persons, trict courts ma y 1S - 
firm, or corporation, alleging such violation by a common carrier, com p e i equal faoil- 
of any of the provisions of the act to which this is a supplement itiee to shippers, 
and all acts amendatory thereof, as prevents the relator from having 
interstate traffic moved by said common carrier at the same rates as 
are charged, or upon terms or conditions as favorable as those given 
by said common carrier for like traffic under similar conditions to 
any other shipper, to issue a writ* or writs of mandamus against said 
common carrier, commanding such common carrier to move and 
transport the traffic, or to furnish cars or other facilities for trans¬ 
portation for the party applying for the writ: Provided, That if any Proviso*. 
question of fact as to the proper compensation to the common car- . Mandamus may 
ner for the service to be enforced by the writ is raised by the plead- ! ssue . pending de- 
mgs, the writ of peremptory mandamus may issue, notwithstanding 
such question of fact is undetermined, upon such terms as to security, 
payment of money into the court, or otherwise, as the court may 
think proper, pending the determination of the question of fact: 

Provided, That the remedy hereby given by writ of mandamus shall Other remedies 
be cumulative, and shall not be held to exclude or interfere with other not excluded - 
remedies provided by this act or the act to which it is a supplement. 

Approved, March 2, 1889. 


179 



REPORT OF THE COMMISSION. 


Compulsory at¬ 
tendance of wit¬ 
nesses; to whom 
immunity from 
prosecution shall 
extend. 


1 may issue, notwithstanding such question of fact is undeter- 

2 mined, upon such terms as to security, payment of money into 

3 the court, or otherwise, as the court may think proper, pending 

4 the determination of the question of fact: Provided , That the 

5 remedy hereby given by writ of mandamus shall be cumulative, 

6 and shall not be held to exclude or interfere with other reme- 

7 dies provided by this chapter. [2 Mar., 1889, 25 Stat. L., 

8 862, c. 382, s. 10; 1 Supp., 691.] 

9 Sec. 91. In proceedings under this chapter, the 

10 district courts shall have the power to compel the attendance 

11 of witnesses, both upon the part of the carrier and shipper, 

12 who shall be required to answer on all subjects relating 

13 directly or indirectly to the matter in controversy, and to 

14 compel the production of all books and papers both of the 

15 carrier and the shipper which relate directly or indirectly to 

16 such transaction. The claim that such testimony or evidence 

17 may tend to criminate the person giving such evidence 

18 shall not excuse such person from testifying or such corpora- 

19 tion from producing its books and papers; but no person 

20 shall be prosecuted or subjected to any penalty or forfeiture 

21 for or on account of any transaction, matter, or thing con- 

22 cerning which he may testify or produce evidence, docu- 

23 mentary or otherwise, in such proceedings: Provided, That 

24 the immunity from prosecution granted under this section 


180 


EXISTING LAW. 


''tiX'vV' j.t V,v: 


;a 


‘..s. 1 


A J> . 


SEC. 91. 

CHAP. 708.—An Act To further regulate commerce with foreign nations and among 
the States. 


_.J i • 


Sec. 3. * * * And in proceedings under this Act and the Acts 

to regulate commerce the said courts shall have the power to compel 
the attendance of witnesses, both upon the part of the carrier and the 
shipper, who shall be required to answer on all subjects relating directly 
or indirectly to the matter in controversy, and. to compel the produc¬ 
tion of all books and papers, both of the carrier and the shipper, which 
relate directly or indirectly to such transaction; the claim that such 
testimony or evidence may 'tend to criminate the person giving such 
evidence shall not excuse such person from testifying or such corpo¬ 
ration producing its books and papers, but no person shall be prose¬ 
cuted or subjected to any penalty or forfeiture for or on account of 
any transaction, matter, or thing concerning which he may testify or 
produce evidence documentary or otherwise in such proceeding: Pro¬ 
vided, That the provisions of an Act entitled ‘‘An Act to expedite the 
hearing and determination of suits in equity pending or hereafter 
brought under the Act of July second, eighteen hundred and ninety, 
entitled ‘An Act to protect trade and commerce against unlawful 
restraints and monopolies,’ ‘An Act to regulate commerce,’ approved 
February fourth, eighteen hundred and eighty-seven, or any other 
Acts having a like purpose that may be hereafter enacted, approved 
February eleventh, nineteen hundred and three-,’’ shall apply to any 
case prosecuted under the direction of the Attorney-General in the 
name of the Interstate Commerce Commission. 


Feb. 19, 1903, 32 
Stat. L., 847, 848, 
849, c. 708, s. 3. 

Compulsory at¬ 
tendance of wit¬ 
nesses, etc. 

Vol. 25, p. 859. 

Vol. 26, p. 743. 


Proviso. 

Precedence to be 
given cases. 

Ante, p. 823. 

Vol. 26, p. 209. 
Vol. 24, p. 379. 


.1 


SEC. 91. 


CHAP. 3920.-^An Act Defining tlie right of immunity of witnesses under the Act June 30, 1906, 34 
entitled “An Act in relation to testimony before the Interstate Commerce Commis- Stat. L., 798, c. 
sion,” and so forth, approved February eleventh, eighteen hundred and ninety- 3920. 
three, and an Act entitled “An Act to establish the: Department of Commerce and • [S. 5769.] 
Labor,” approved February fourteenth, nineteen hundred and three, and an Act ——— 

entitled “An Act to further regulate commerce with foreign nations and among the LPublic. No. 389.] 
States,” approved February nineteenth, nineteen hundred and three, and an Act 
entitled “An Act making appropriations for the legislative, executive, and judicial 
expenses of the Government for the fiscal year ending June thirtieth, nineteen hun¬ 
dred and four, and for other purposes,” approved February twenty-fifth, nineteen 
• hundred and three. 

Be it enacted by the Senate and House of Representatives of the United J^^nity of in 
States of America in Congress assembled, That under the immunity antitrust, etc., 
provisions in the Act entitled “An Act in relation to testimony before cases. 


181 



REPORT OF THE COMMISSION. 


1 and under section seventy shall extend only to 

2 a natural person who, in obedience to a subpoena, 

3 under oath gives testimony or produces evidence, 

4 documentary or otherwise. [19 Feb., 1903, 32 Stat. 

5 L., 848, c. 708, s. 3. 30 June, 1906, 34 Stat. L., 798, 

6 c. 3920.] 

Willfully mak¬ 
ing false entries in 
accounts, or keep¬ 
ing unauthorized 
accounts, etc.; 
penalty. 

10 mutilate, alter, or by any other means or device falsify the 

11 record of any such account, record, or memoranda, or shall 

12 willfully neglect or fail to make full, true, and correct entries 

13 in such accounts, records, or memoranda of all facts and 

14 transactions appertaining to the carrier’s business, or shall 

15 keep any other accounts, records, or memoranda than those 

16 prescribed or approved by the Commission, shall be fined not 

17 less than one thousand nor more than five thousand dollars, 

18 or imprisoned not less than one nor more than three years, or 

19 both: Provided , That the Commission may in its discretion 

20 issue orders specifying such operating, accounting, or financial 

21 papers, records, books, blanks, tickets, stubs, or documents 

22 of carriers which may, after a reasonable time, be destroyed 

23 and prescribing the length of time such books, papers, or 


7 Sec. 92. Whoever shall willfully make any false entry 

8 in the accounts of any book of accounts or in any record or 

9 memoranda kept by a carrier, or shall willfully destroy, 


182 



EXISTING LAW. 


the Interstate Commerce Commission/’ and so forth, approved Febru¬ 
ary eleventh, eighteen hundred and ninety-three, in section six of the 
Act entitled “An Act to establish the Department of Commerce and 
Labor,” approved February fourteenth, nineteen hundred and three, 
and in the Act entitled “An Act to further regulate commerce with 
foreign nations and among the States,” approved February nineteenth, 
nineteen hundred and three, and in the Act entitled “An Act making 
appropriations for the legislative, executive, and judicial expenses of 
the Government for the fiscal year ending June thirtieth, nineteen 
hundred and four, and for other purposes/’approved February twenty- 
fifth, nineteen hundred and three, immunity shall extend only to a 
natural person who, in obedience to a subpoena, gives testimony under 
oath or produces evidence, documentary or otherwise, under oath. 

Approved, June 30, 1906. 


Vol. 27, p. 443. 
Vol. 32, p. 828. 
Vol. 32, p. 847. 
Vol. 32, p. 903. 


Limited to natu¬ 
ral persons. 


SEC. 92. 

CHAP. 104.—An Act To regulate commerce. Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104, s. 20; I 
Supp., 529. 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- Stat. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 7. 

Sec. 7. That section twenty of said Act be amended so as to read as Vol. 24, p. 386. 
follows: 

CHAP. 193.—An Act Amending an Act to amend an Act entitled “An Act to regulate Feb. 25, 1909, 35 
commerce,” approved February fourth, eighteen hundred and eighty-seven, and Stat. L., 649, c. 193. 
all Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce 
Commission, approved June twenty-ninth, nineteen hundred and six. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That paragraph seven of Interstate com- 
section twenty of an Act entitled “An Act to amend an Act entitled m y^ r 2 e g ulati ons. 
‘An Act to regulate commerce/ approved February fourth, eighteen 0 ' ’ p ' 

hundred and eighty-seven, and all Acts amendatory thereof, and to 
enlarge the powers of the Interstate Commerce Commission,” approved V r ol. 34, p. 594. 
June twenty-ninth, nineteen hundred and six, be amended so that said 
paragraph as so amended will read as follows; 

“Par. 7. Any person who shall willfully make any false entry in Punishment for 
the accounts of any book of accounts or in any record or memoranda * alse entries > etc - 
kept by a carrier, or who shall willfully destroy, mutilate, alter, or by 
any other means or device falsify the record of any such account, 
record, or memoranda, or who shall willfully neglect or fail to make 
full, true, and correct entries in such accounts, records, or memoranda 
of all facts and transactions appertaining to the carrier’s business, or 
shall keep any other accounts, records, or memoranda than those pre¬ 
scribed or approved by the commission, shall be deemed guilty of a 
misdemeanor, and shall be subject, upon conviction in any court of 
the United States of competent jurisdiction, to a fine of not less than 
one thousand dollars nor more than five thousand dollars or imprison¬ 
ment for a term not less than one year nor more than three years, or 
both such fine and imprisonment: Provided, That the commission Proviso. 
may in its discretion issue orders specifying such operating, account- ol d Sords 1 a °- 
ing, or financial papers, records, books, blanks, tickets, stubs, or docu- i owe d. 
ments of carriers which may, after a reasonable time, be destroyed, Vol. 34, p. 594, 
and prescribing the length of time such books, papers, or documents amended, 
shall be preserved.” 

Approved, February 25, 1909. 


183 


REPORT OF THE COMMISSION. 


Forfeitures to be 
recovered in civil 
suit; district at¬ 
torneys to prose¬ 
cute, etc. 


1 documents shall be preserved. [4 Feb., 1887, 24 Stat. L., 

2 386, c. 104, s. 20; 1 Supp., 532. 29 June, 1906, 34 Stat. L., 

3 594, c. 3591, s. 7. 25 Feb,, 1.909, 35 Stat. L., 649, c. 193.] 

4 Sec. 93. All forfeitures provided for in this chapter 

5 or in chapter one of this Act shall be recoverable in a civil 

6 suit in the name of the United States, brought in the district 

7 court of the district where the carrier has its principal oper- 

8 ating office, or in the district court of any district through 

9 which the road of the carrier runs, and!, when recovered, shall 

10 be paid into the-Treasury of the United States. It shall be 

11 the duty of the various district attorneys, under the direction 

12 of the Attorney-General, to prosecute for the recovery of 

13 forfeitures. The costs and expenses of such prosecutions shall 

14 be paid out of the appropriation for the expenses of the courts 

15 of the United States. The Commission may employ such 

16 attorneys as it finds necessary for proper legal aid and service 

17 of the commission or its members in the conduct of their work 

18 or for proper representation of the public interests in investi- 

19 gations made by it or cases or proceedings pending before it, 

20 /whether at the commission’s own instance or upon complaint, 

21 or to appear for and represent the commission in any case pend- 

22 ing in the district court ; and the expenses of such employ- 

23 ment shall be paid out of the appropriation for the commission. 

24 [4 Feb., 1887, 24 Stat. L., 384, c. 104, s. 16; 1 Supp., 532. 


184 


EXISTING LAW. 


SEC. 93. 

CHAP. 104.—An Act To regulate commerce. 


CHAP, 382.—An Act To amend an Act entitled “An Act to regulate commerce,’’ ap¬ 
proved February fourth, eighteen hundred and eighty-seven. 


Sec. 5. That section sixteen of said act is hereby amended so as to 
read as follows: 

CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend¬ 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 

Sec. 5. That section sixteen of said Act, as amended March second, 
eighteen hundred and eighty-nine, be amended so as to read as follows: 


Feb. 4, 1887. 

24 Stat. L., 379; 
c. 104; s. 16; I 
Supp., 529. 

Mar. 2, 1889. 

25 Stat. L., 855, 
863, c. 382, s. 5; I 
Supp., 690. 

Amendments to 
section 16. 

Vol. 24, p. 384. 

June 29, 1906, 34 
Stat. L., 584, c. 
3591, s. 5. 

Vol. 25, p. 859, 
amended. 


CHAP. 309.—An Act To create a commerce court,/and to amend the Act entitled June 18, 1910, 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and 36 Stat. L., 544, 
eighty-seven, as heretofore amended, and for other purposes. c. 309, s. 13. 

Sec. 13. That section sixteen of said Act to regulate commerce, as Enforcing orders 

heretofore amended, is hereby now amended so as to read as follows: °f commissson. 

’ J Vol. 24, p. 384; 

Vol. 25, p. 859; 

_ ... Vol. 34, p. 590, 

Sec. 13. * * * . . amended. 1 

“The forfeiture provided for in this Act shall be payable into the Recovery of for- 
Treasury of the United States, and shall be recoverable in a civil feitures - 
suit in the name of the United States, brought in the district where 
the carrier has its principal operating office, or in any district through 
which the road of the carrier runs. 

“It shall be the duty of the various district attorneys, under the 
direction of the Attorney-General of the United States, to prosecute 
for the recovery of forfeitures. The costs and expenses of such prose¬ 
cution shall be paid out of the appropriation for the expenses of the 
courts of the United States. 

“The commission may employ such attorneys as it finds necessary 
for proper legal aid and service of the commission or its members in 
the conduct of their work or for proper representation of the public 
interests in investigations made by it or cases or proceedings pending 
before it, whether at the commission’s own instance or upon complaint, 
or to appear for and represent the commission in any case pending 
in the commerce court; and the expenses of such employment shall 
be paid out of the appropriation for the commission. 


Duties of dis¬ 
trict attorneys, etc. 


Employment of 
attorneys, etc., by 
commission. 


Expenses. 


68693—14-24 


185 



REPORT OF THE COMMISSION. 


Assistant to At- 
torney-G e n e r a 1, 
etc. 


Existing reme¬ 
dies not affected. 


1 2 Mar., 1889, 25 Stat. L., 859, c. 382, s. 5; 1 Supp., 689. 

2 29 June, 1906, 84 Stat. L., 591, c. 3591, s. 5. 18 June, 

3 1910, 36 Stat. L., 555, c, 309, s. 13.] 

4 Sec. 94. Under, and to be paid from, any appropria- 

5 tion for the enforcement of the provisions of chapters one and 

6 two of this Act, the President is authorized, by and with the 

7 advice and consent of the Senate, to appoint an assistant to 

8 the Attorney-General with compensation at the rate of seven 

9 thousand dollars per annum and an Assistant Attorney- 

10 General at a compensation at the rate of five thousand dol- 

11 lars per annum; and the Attorney-General is authorized to 

12 appoint and employ, without reference to the rules and 

13 regulations of the civil service, two confidential clerks at a 

14 compensation at the rate of one thousand six hundred dollars 

15 each per annum, to be paid from said appropriation. Said 

16 assistant to the Attorney-General and Assistant Attorney- 

17 General shall perform such duties as may be required of them 

18 by the Attorney-General. [3 Mar., 1903, 32 Stat. L., 1062, 

19 c. 1006.] 

20 Sec. 95. Nothing in this chapter shall in any way 

21 abridge or alter the remedies now existing at common law ox- 

22 by statute, but the provisions of this chapter are in addition 

23 to such remedies. [2 Mar., 1889, 25 Stat. L., 862, c. 382, s. 

24 9:1 Supp., 690.] 




186 


EXISTING LAW. 


SEC. 94. 

CHAP. 1006.—An Act Making appropriations to supply deficiencies in the appropri- March 3, 1903, 
ations for the fiscal year ending June thirtieth, nineteen hundred and three, and 32 Stat. L., 1062, 
for prior years, and for other purposes. c. 1006. 


DEPARTMENT OF JUSTICE. 


Department of 
Justice. 


Salaries, Department of Justice: For the payment of the salary of Disbursing 
the disbursing clerk from March first to June thirtieth, nineteen hun- clerk, 
dred and three, inclusive, at the rate of two thousand seven hundred Salar y- 
and fifty dollars per year instead of the rate of two thousand three 
hundred dollars, one hundred and fifty dollars. 

That under, and to be paid from, the appropriation of five hundred Enforcing trust, 
thousand dollars for the enforcement of the provisions of the Act etc., laws, 
entitled “An Act to regulate commerce,” approved February fourth, AnU ’■ p - 903 - 
eighteen hundred and eighty-seven, and all Acts amendatory thereof 
or supplemental thereto, and other Acts mentioned in said appropria¬ 
tion, made in the legislative, executive, and judicial appropriation Act 
for the fiscal year nineteen hundred and four, the President is author- Assistant to At- 
ized to appoint, by and with the advice and consent of the Senate, an torney-General 
assistant to the Attorney-General with compensation at the rate of tornc'^Gcncrd au" 
seven thousand dollars per annum and an Assistant Attorney-General thorized. 6 ' 1 ^ U 
at a compensation at the rate of five thousand dollars per annum; and Confidential 
the Attorney-General is authorized to appoint and employ, without clerks, 
reference to the rules and regulations of the civil service, two confiden¬ 
tial clerks at a compensation at the rate of one thousand six hundred 
dollars each per annum, to be paid from said appropriation. Said Duties of new 
assistant to the Attorney-General and Assistant Attorney-General shall officers, 
perform such duties as may be .required of them by the Attorney- 
General. 


SEC. 95. 

CHAP, 382.—An Act To amend an Act entitled “An Act to regulate commerce,” ap- Mar. 2, 1889. 
proved February fourth, eighteen hundred and eighty-seven. 25 Stat. L., 855, 

863, c. 382 s. 9; I 
Supp., 690. 


Sec. 9. * * * and nothing in this act contained shall in any 

way abridge or alter the remedies now existing at common law or 
by statute, but the provisions of this act are in addition to such 
remedies. * * * 


187 


REPORT OF THE COMMISSION. 


Causes pending 1 
on June 29, 1906, 
how prosecuted. 

2 

3 

4 

5 


Sec. 96. All causes pending in the courts of the United 
States on June twenty-ninth, nineteen hundred and six, for a 
violation of any 'provision of the Act to regulate commerce or 
any Act amendatory thereof, revised in chapters one and two 
this Act, shall be prosecuted to a conclusion in the manner 


6 provided by law as it existed prior to that date. [29 June, 

7 1906, 34 Stat. L., 595, c. 3591, s. 10.] 


Prior acts and g 
proceedings of 
Commission not 
impaired. q 


Sec. 97. Nothing in this chapter or in chapter one of 
this Act contained shall undo or impair any proceedings here¬ 


to tofore taken by or before the Interstate Commerce Commission 


11 or any of the acts of said commission; and in any cases, pro- 


12 ceedings, or matters now pending before it, the commission 

13 may exercise any of the powers hereby conferred upon it, as 


14 would be proper in cases., proceedings, or matters hereafter 

15 initiated; and nothing in this chapter or in chapter one of this 

16 Act contained shall operate to release or affect any obligation, 


17 liability, penalty, or forfeiture heretofore existing against or 

18 incurred by any person, corporation, or association. [18 June, 

19 1910, 36 Stat. L., 556, c. 309, s. 15.] 


188 


EXISTING LAW. 


SEC. 96. 


CHAP. 3591.—An Act To amend an Act entitled “An Act to regulate commerce,” June 29, 1906, 34 
approved February fourth, eighteen hundred and eighty-seven, and all Acts amend- St at. L., 584, c. 
atory thereof, and to enlarge the powers of the Interstate Commerce Commission. 3591, s. 10. 


Sec. 10. That all laws and parts of laws in conflict with the provisions Laws in conflict 
of this Act are hereby repealed, but the amendments herein provided re P eale< b 
for shall not affect causes now pending in courts of the United States, p rogecut i on 
but such causes shall be prosecuted to a conclusion in the manner here- pending cases 
tofore provided by law. 


of 


SEC. 97. 

CHAP. 309.—An Act To create a commerce court, and to amend the Act entitled June 18, 1910,36 
“An Act to regulate commerce,” approved February fourth, eighteen hundred and Stat. L., 544, c. 
eighty-seven, as heretofore amended, and for other purposes. 309, s. 15. 

Sec. 15. That nothing in this Act contained shall undo or impair . Prior proceed- 
any proceedings heretofore taken by or before the Interstate Com- no ° impaired’, 
merce Commission or any of the Acts of said commission; and in 
any cases, proceedings, or matters now pending before it, the com¬ 
mission may exercise any of the powers hereby conferred upon it, 
as would be proper in cases, proceedings, or matters hereafter 
initiated; and nothing in this Act contained shall operate to release 
or affect any obligation, liability, penalty, or forfeiture heretofore 
existing against or incurred by any person, corporation, or association. 


REPORT OF THE COMMISSION. 


Chapter Three. 


SAFETY APPLIANCES ON RAILROAD CARS. 


Sec. 

98. Driving-wheel brake required on loco¬ 

motive in interstate commerce. 

99. Automatic couplers required on all cars. 

100. Companies complying, etc., may refuse 

insufficiently equipped cars from con¬ 
necting lines. 

101. Cars used in interstate commerce to have 

grab irons, sill steps, hand brakes, etc.; 
exception in case of cars hauling long 
commodities. 

102. Standards of equipment to be fixed by 

Interstate Commerce Commission; ex¬ 
tension of period of compliance; may 
modify standards, etc. 

103. Hauling or using cars with defective 

equipment; may be hauled to repair 
point at risk of carrier; use of chains 
limited. 

104. Hauling cars with defective equipment, 

except for repairs, unlawful, etc. 

105. Standard height for drawbars for freight 

cars. 

106. Penalty for violation, how recovered, etc. 

107. Times for compliance may be extended. 

108. Employees injured by noncomplying 

cars, etc., do not assume the risk. 

109. Above provisions extended. 


Sec. 

110. Railroads to report accidents to Inter¬ 

state Commerce Commission. 

111. Interstate Commerce Commission to in¬ 

vestigate collisions, accidents, etc., 
may make reports of investigations; 
reports not to be used as evidence in 
suits, etc. 

112. Terms “interstate” and “foreign” com¬ 

merce defined. 

113. Locomotives to be equipped with safety 

ash pans, etc.; exceptions. 

114. Suits to recover penalties for violations, 

etc.; information to be filed by Inter¬ 
state Commerce Commission, etc. 

115. Term “common carrier” defined. 

116. Interstate Commerce Commission may 

investigate and report on use and need 
of safety appliances. 

117. Inspectors to examine mail cars and make 

report; copy of report to be furnished 
Postmaster General. 

118. Life saving on railroads; medals of honor 

for. 

119. Rosettes, ribbons, etc.; lost, etc., rib¬ 

bons. 

120. Payment of expenses. 


Driving - wheel 
brake required on 
locomotive in in¬ 
terstate commerce. 

Johnson v. South¬ 
ern Pac. R. Co., 
196 U. S., 1; Voel- 
ker u.Chicago, etc., 
R. Co., 116 Fed. 
Rep., 867; Johnson 
v. Southern Pac. 
R. Co., 117 Fed. 
Rep.,462; Chicago, 
etc., R. Co. v. 
Voelker, 129 Fed. 
Rep., 526; U. S. v. 
Geddes, 131 Fed. 
Rep., 452; Rosney 
v. Erie R. Co., 135 
Fed. Rep., 311. 


1 Sec. 98. It shall be unlawful for any common carrier 

2 engaged in interstate commerce by railroad to use on its 

3 line any locomotive engine in moving interstate traffic not 

4 equipped with a power driving-wheel brake and appliances 

5 for operating the train-brake system, and whenever any 

6 train is operated with powder or train brakes not less than 

7 fifty per centum of the cars in such train shall have their 


8 brakes used and operated by the engineer of the locomotive 

9 drawing such train; and all power-braked cars in such train 


190 





EXISTING LAW. 


t 




v 


SEC. 98. 

CHAP. 196.—An act to promote the safety of employees and travelers upon railroads Mar. 2, 1893. 
by compelling common carriers engaged in interstate commerce to equip their cars 27 Stat. L., 531, 
with automatic couplers and continuous brakes and their locomotives with driving- 532, c. 196. 
wheel brakes, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That from and after the first Driving - wheel 
day of January, eighteen hundred and ninety-eight, it shall be unlaw- brakes required on 
ful tor any common carrier engaged in interstate commerce by railroad terstate commerce, 
to use on its line any locomotive engine in moving interstate traffic 
not equipped with a power driving-wheel brake and appliances for op¬ 
erating the train-brake system, or to run any train in such traffic after Train-brake eys- 
said date that has not a sufficient number of cars in it so equipped with tem - 
power or train brakes that the engineer on the locomotive drawing such 
train can control its speed without requiring brakemen to use the com¬ 
mon hand brake for that purpose. 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 


11 


12 


Automatic cou¬ 
plers required on 
all cars. 

Southern R. Co. 
v. Carson, 194 U. 
S., 140; Johnson v. 
Southern Pac. R. 
Co., 196 U. S., 1; 
ib., 117 Fed. Rep., 
462; Voelker v. 
Chicago, etc., R. 
Co., 116 Fed.Rep., 
867; Gilbert Bur¬ 
lington, etc., R. 
Co., 128 Fed. Rep., 
529; Chicago, etc., 
R. Co. v. Voelker, 
129 Fed. Rep., 526; 
U. S. v. Southern 
R. Co., 135 Fed. 
Rep., 122; Rosney 
v. Erie R. Co., 135 
Fed. Rep., 311. 

Companies com¬ 
plying, etc., may 
refuse insufficient¬ 
ly equipped cars 
from connecting 
lines. 


13 

14 

15 

16 


17 


18 

19 

20 
21 
22 


32 


24 


which are associated together with said fifty per centum shall 
have their brakes so used and operated; and, to more fully 
carry into effect the objects of this chapter, the Interstate 
Commerce Commission may from time to time, after full 
hearing, increase the minimum percentage of cars in any 
train required to be operated with power or train brakes 
which must have their brakes used and operated as aforesaid; 
and failure to comply with any such requirement of the said 
Interstate Commerce Commission shall be subject to the like 
penalty as failure to comply with any requirement of this 
section. [2 Mar., 1893, 27 Stat. L., 531, c. 196, s. 1; 2 
Supp., 102. 2 Mar., 1903, 32 Stat. L., 943, c. 976, s. 2.] 

Sec. 99. It shall be unlawful for any such common 
carrier to haul or permit to be hauled or used on its line any 
car used in moving interstate traffic not equipped with 
couplers coupling automatically by impact, and which can 
be uncoupled without the necessity of men going between 
the ends of the cars. [2 Mar., 1893, 27 Stat. L., 531, c. 196, 
s. 2; 2 Supp., 102.] 

Sec. 100. When any person, firm, company, or cor¬ 
poration engaged in interstate commerce by railroad shall 
have equipped a sufficient number of its cars so as to 
comply with the provisions of section ninety-eight , 
it may lawfully refuse to receive from connecting lines 


193 


EXISTING LAW. 


SEC. 98. 

CHAP. 976.—An Act To amend an Act entitled “An Act to promote the safety of Mar. 2, 1903, 32 
employees and travelers upon railroads by compelling common carriers engaged in Stat. L., 943, s. 2. 
interstate commerce to equip their cars with automatic couplers and continuous 
brakes and their locomotives with driving-wheel brakes, and for other purposes,” 
approved March second, eighteen hundred and ninety-tjiree, and amended April 
first, eighteen hundred and ninety-six. 

Sec. 2. That whenever, as provided in said Act, any train is oper- Minimum num- 
ated with power or train brakes, not less than fifty per centum of ^ er of cars - 
the cars in such train shall have their brakes used and operated by the 
engineer of the locomotive drawing such train; and all power-braked 
cars in such train which are associated together with said fifty per 
centum shall have their brakes so used and operat' d; and, to more Increase of per- 
fully carry into effect the objects of said Act, the Interstate-Commerce centa £ e - 
Commission may, from time to time, after full hearing, increase the 
minimum percentage of cars in any train required to be operated with 
power or train brakes which must have their brakes used and operated 
as aforesaid; and failure to comply with any such requirement of the 
said Interstate-Commerce Commission shall be subject to the like pen¬ 
alty as failure to comply with any requirement of this section. 


SEC. 99. 

CHAP. 196.—An act to promote the safety of employees and travelers upon railroads Mar. 2, 1893. 
by compelling common carriers engaged in interstate commerce to equip their cars 27 Stat. L., 531, 
with automatic couplers and continuous brakes and their locomotives with driving- 532, c. 19o, s. 2. 
wheel brakes, and for other purposes. 

Sec. 2. That on and after the first day of January, eighteen hundred Automatic cou- 
and ninety-eight, it shall be unlawful for any such common carrier to aifcar^^ 1 ^ 6 ^ ° n 
haul or permit to be hauled or used on its line any car used in moving c 
interstate traffic not equipped with couplers coupling automatically by 
impact, and which can be uncoupled without the necessity of men 
going between the ends of the cars. 


SEC. 100. 

CHAP. 196.—An act to promote the safety of employees and travelers upon railroads Mar. 2, 1893. 
by compelling common carriers engaged in interstate commerce to equip their cars 27 Stat. L., 531, 
with automatic couplers and continuous brakes and their locomotives with driving- 532, c. 193, s. 3, 
wheel brakes, and for other purposes. 

Sec. 3. That when any person, firm, company, orcorporation engaged Complying com- 
in interstate commerce by railroad shall have equipped a sufficient Yeluse’imufficieiit- 
number of its cars so as to comply with the provisions of section one ly equipped cars 
of this act, it may lawfully refuse to.receive from connecting lines of from connecting 
road or shippers any cars not equipped sufficiently, in accordance with lines, etc. 
the first section of this act, with such power or train brakes as will 
work and readily interchange with the brakes in use on its own cars, 
as required by this act. 


68693—14-25 


193 


1 


2 

3 

4 

5 


Cars used in 
interstate com¬ 
merce to have 
grab irons, sill 
steps, hand brakes, 
etc.; exception in 
case of cars haul¬ 
ing long commodi¬ 
ties. 

Cleveland, etc., 
Co. v. Baker, 91 F. 
Rep., 224; Hodges 
v. Kimball, 104 U. 
S., 745; U. S. v. 
Southern R. Co., 
135 Fed. Rep., 122. 


6 

7 

8 
9 

10 

11 


12 


13 


14 

15 

16 

17 

18 

19 

20 
21 
22 


REPORT OF THE COMMISSION. 

of road or shippers any cars not equipped sufficiently, in ac¬ 
cordance with said section with such power or train brakes as 
will work and readily interchange with the brakes in use on 
its own cars, as required by this chapter. [2 Mar., 1898, 
27 Stat. L., 581, c. 196, s. 3; 2 Supp., 102.] 

Sec. 101. It shall be unlawful for any common carrier 
subject to the provisions of this chapter to haul, or permit to 
be hauled or used on its line, any car in interstate commerce, 
that is not provided with secure grab-irons or hand-holds in 
the ends and sides of each car, for greater security to men in 
coupling and uncoupling cars, or that is not equipped with 
secure sill steps and efficient hand brakes. All such cars 
requiring secure ladders and secure running boards, shall be 
equipped with such ladders and running boards; and all such 
cars having ladders, shall also be equipped wfith secure hand 
holds or grab irons on their roofs at the tops of such ladders: 
Provided, That in the loading and hauling of long commodi¬ 
ties, requiring more than one car, the hand brakes may be 
omitted on all save one of the cars while they are thus com¬ 
bined for such purpose. [2 Mar., 1893, 27 Stat. L., 531, c. 
196, s. 4; 2 Supp., 102. 14 Apr., 1910, 36 Stat. L., 298, c. 
160, s. 2.] 


194 


EXISTING LAW. 


SEC. 101. 

CHAP. 196.—An Act To promote the safety of employees and travelers upon railroads Mar. 2, 1893. 
by compelling common carriers engaged in interstate commerce to equip their cars 27 Stat. L., 531, 
with automatic couplers and continuous brakes and their locomotives with driving- 532, c. 196, s. 4. 
wheel brakes, and for other purposes. 

Sec. 4. That from and after the first day of July, eighteen hundred Grab irons, etc. 
and ninety-five, until otherwise ordered by the Interstate Commerce 
Commission, it shall be unlawful for any railroad company to use any 
car in interstate commerce that is not provided with secure grab irons 
or handholds in the ends and sides of each car for greater security to 
men in coupling and uncoupling cars. 

CHAP. 160.—An Act To supplement “An Act to promote the safety of employees and Apr. 14, 1910, 36 
travelers upon railroads by compelling common carriers engaged in interstate com- Stat. L., 298, 299, 
merce to equip their cars with automatic couplers and continuous brakes and their c. 160, s. 2. 
locomotives with driving wheel brakes and for other purposes,’’ and other safety 
appliance Acts, and for other purposes. 

Be it enacted by the Senate and House of Representatives oj the United 
States oj America in Congress assembled, That the provisions of this Railway safety 
Act shall apply to every common carrier and every vehicle subject a P phases, 
to the Act of March second, eighteen hundred and ninety-three, as i aws pp lca 10U ot 
amended April first, eighteen hundred and ninety-six, and March sec- Vol. 27, p. 531; 
ond, nineteen hundred and three, eommonly known as the “ Safety vol. 29, p. 85; vol. 
Appliance Acts.” 32 > P- 943 - 

Sec. 2. That on and after July first, nineteen hundred and eleven, . Common car- 
it shall be unlawful for any common carrier subject to the provisions ne J s - . 
of this Act to haul, or permit to be hauled or used on its fine any car quired^fterJulyR 
subject to the provisions of this Act not equipped with appliances 1911 , on all cars 
provided for in this Act, to wit: All cars must be equipped with secure hauled by. 
sill steps and efficient hand brakes; all cars requiring secure ladders handbrakes* and 
and secure running boards shall be equipped with such ladders and Ladders and run- 
running boards, anti all cars having ladders shall also be equipped with ning board, 
secure hand holds or grab irons on their roofs at the tops of such Hand holds or 
ladders: Provided, That in the loading and hauling of long commodi- grab irons, 
ties, requiring more than one car, the hand brakes may be omitted LonsT^ommodi- 
on all save one of the cars while they are thus combined for such ^es. 0 0 
puipose. 



195 




REPORT OF THE COMMISSION. 


Standards of 1 

equipment to be 
fixed by Interstate 
Commerce Com- <r> 

mission; ex ten- & 

Bion of period of 
compliance; may 
modify standards, O 

etc. 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 


Sec. 102. The Interstate Commerce Commission, 
after hearing, shall designate the number, dimensions, loca¬ 
tion, and manner of application of the appliances required by 
the section last preceding, and shall give notice of such desig¬ 
nation to all common carriers subject to the provisions of this 
chapter, by such means as the Commission may deem proper; 
and thereafter said number, location, dimensions, and manner 
of application as designated by said Commission, shall remain 
as the standards of equipment to be used on all cars used in 
interstate commerce, unless changed by an order of said Com¬ 
mission, to be made after full hearing and for good cause 
shown; and the failure to comply with any such require¬ 
ment of said Commission shall be subject to the penalty 
prescribed in section one hundred and six: Provided, 
That the Interstate Commerce Commission may, upon full 
hearing and for good cause, extend the period within which 
any common carrier shall comply with the provisions of this 
section with respect to the equipment of cars now actually in 
service. Said commission is hereby given authority, after 
hearing, to modify or change, and to prescribe the standard 
height of draw bars and to fix the time within which such 
modification or change shall become effective and obligatory, 
and prior to the time so fixed it shall be unlawful to use any 
car or vehicle in interstate or foreign traffic which does not 
comply with the standard now fixed or the standard so pre- 


196 



EXISTING LAW. 


SEC. 102. 

CHAP. 160.—An Act To supplement “An Act to promote the safety of employees and Apr. 14, 1910, 30 
travelers upon railroads by compelling common carriers engaged in interstate com- Stat. L., 298, 299, 
merce to equip their cars with automatic couplers and continuous brakes and their c. 160, s. 3. 
locomotives with driving wheel brakes and for other purposes,” and other safety 
appliance Acts, and for other purposes. 

Sec. 3. That within six months from the passage of this Act the Standard equip- 
Interstate Commerce Commission, after hearing, shall designate the ^ months^ 6 ^ 
number, dimensions, location, and manner of application of the" 
appliances provided for by section two of this Act and section four 
of the Act of March second, eighteen hundred and ninety-three, and Vo1 - 27 > P- 521 • 
shall give notice of such designation to all common carriers subject 
to the provisions of this Act by such means as the commission may 
deem proper, and thereafter said number, location, dimensions, and 
manner of application as designated by said commission shall remain 
as the standards of equipment to be used on all cars subject to the 
provisions of this Act, unless changed by an order of said Interstate 
Commerce Commission, to be made after full hearing and for good 
cause shown; and failure to comply with any such requirement of 
the Interstate Commerce Commission shall be subject to a like penalty Penalty, 
as failure to comply with any requirement of this Act: Provided, That Proviso. ^ 
the Interstate Commerce Commission may, upon full hearing and for ensi ° n 0) 
good cause, extend the period within which any common carrier shall 1 
comply with the provisions of this section with respect to the equip¬ 
ment of cars actually in service upon the date of the passage of this 
Act. Said commission is hereby given authority, after hearing, to Modifyingstand- 
modify or change, and to prescribe the standard height of draw bars ar(l draw bars - 
and to fix the time within which such modification or change shall 
become effective and obligatory, and prior to the time so fixed it shall 
be unlawful to use any car or vehicle in interstate or foreign traffic 
which does not comply with the standard now fixed or the standard 
so prescribed, and after the time so fixed it shall be unlawful to use 
any car or vehicle in interstate or foreign traffic which does not comply 
with the standard so prescribed by the commission. 







197 





REPORT OF THE COMMISSION. 


1 

2 

3 


4 

Hauling or using K 
cars with defective ° 
equipment; may 
be hauled to re- n 

pair point at risk O 

of carrier; use of 
chains limited. ^ 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 


scribed, and after the time so fixed it shall be unlawful to use 
any car or vehicle in interstate or foreign traffic which does 
not comply with the standard so prescribed by the commis¬ 
sion. [14 Apr., 1910, 36 Stat. L., 298, c. 160, s. 3.] 

Sec. 103. Any common carrier subject to the provi¬ 
sions of this chapter, using, hauling, or permitting to be 
used or hauled, on its line, any car subject to the requirements 
of this chapter, not equipped as provided in this chapter, 
shall be liable to a penalty of one hundred dollars for every 
such violation, to be recovered as provided in section 
one hundred and six: Provided, That where any car 
shall have been properly equipped as provided in this 
chapter, and such equipment shall have become defective 
or insecure while such car was being used by such carrier 
upon its line of railroad, such car may be hauled from the 
place where such equipment was first discovered to be de¬ 
fective or insecure to the nearest available point where such 
car can be repaired, without liability for the penalties 
imposed by this section, or by section one hundred and 
six, if such movement is necessary to make such repairs, 
and such repairs cannot be made except at such repair point; 
and such movement or hauling of such car shall be at the sole 
risk of the carrier. Nothing in this section shall be con¬ 
strued to relieve such carrier from liability in any remedial 
action for the death or injury of any railroad employee caused 


198 


EXISTING LAW. 


j , < > 


SEC. 103. 

CHAP. 160.—An Act To supplement “An Act to promote the safety of employees and Apr. 14, 1910, 36 
travelers upon railroads by compelling common carriers engaged in interstate com- Stat. L., 298, 299, 
merce to equip their cars with automatic couplers and continuous brakes and their c. 160, s. 4. 
locomotives with driving wheel brakes and for other purposes,” and other safety 
appliance Acts, and for other purposes. 

Sec. 4. That any common carrier subject to this Act using, hauling, Penalty for vio- 
or permitting to he used or hauled on its line, any car subject to the lations - 
requirements of this Act not equipped as provided in this Act, shall 
be liable to a penalty of one hundred dollars for each and every such 
violation, to be recovered as provided in section six of the Act of Vol. 27, p. 532; 
March second, eighteen hundred and ninety-three, as amended April 2 g’ 4 ^* 85 > Vo1 - 
first, eighteen hundred and ninety-six: Provided, That where any proviso, 
car shall have been properly equipped, as provided in this Act and Hauling defec- 
the other Acts mentioned herein, and such equipment shall have five cars for neces- 
become defective or insecure while such car was being used by such sar y repa 11,8 - 
carrier upon its line of railroad, such car may be hauled from the 
place where such equipment was first discovered to be defective or 
insecure to the nearest available point where such car can be repaired, 
without liability for the penalties imposed by section four of this Act 
or section six of the Act of March second, eighteen hundred and 
ninety-three as amended by the Act of April first, eighteen hundred 
and ninety-six, if such movement is necessary to make such repairs 
and such repairs can not be made except at such repair point; and Riskof carrier, 
such movement or hauling of such car shall be at the sole risk of the 
carrier, and nothing in this section shall be construed to relieve such 
carrier from liability in any remedial action for the death or injury 
of any railroad employee caused to such employee by reason of or in 
connection with the movement or hauling of such car with equipment 
which is defective or insecure or which is not maintained in accord¬ 
ance with the requirements of this Act and the other Acts herein 
referred to; and nothing in this proviso shall be construed to permit Use of chains 
the hauling of defective cars by means of chains instead of drawbars, limited, 
in revenue trains or in association with other cars that are commer¬ 
cially used, unless such defective cars contain live stock or 
“perishable’’ freight. 


199 





REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

7 

8 

9 

Hauling cars 1 () 
with defective 
equipment, except 
for repairs, unlaw- 
ful, etc. 11 

12 


13 

14 

15 


16 


Standard height 
for drawbars for 
freight cars. 

Ry. Co. v. Tay¬ 
lor, 210 U. S., 281. 


17 

18 


19 


20 

21 

22 


23 


24 


by reason of or in connection with the movement or hauling 
of such car with equipment which is defective or insecure, 
or which is not maintained in accordance with the require¬ 
ments of this chapter; and nothing in this proviso shall be 
construed to permit the hauling of defective cars by means 
of chains instead of drawbars, in revenue trains or in associa¬ 
tion with other cars that are commercially used, unless such 
defective cars contain live stock or “ perishable ’ 9 freight. 
[14 Apr., 1910, 36 Stat. L., 299, c. 160, s. 4.] 

Sec. 104. Except that, within the limits specified in 
the section last preceding, the movement of a car with defec¬ 
tive or insecure equipment may be made without incurring 
the penalty prescribed in the section last preceding, or in 
section one hundred and six, in all other respects its 
movement shall be unlawful. [14 Apr., 1910, 36 Stat. L., 
299, c. 160, s. 5.] 

Sec. 105. The standard height of drawbars for freight 
cars, measured perpendicularly from the level of the tops of 
the rails to the center of the drawbars, for each of the several 
gauges of railroads in use in the United States, designated by 
the American Railway Association to the Interstate Com¬ 
merce Commission, in pursuance of section five of the act 
approved March second, eighteen hundred arid ninety-three, 
with the maximum variation from such standard height 



EXISTING LAW. 


SEC. 104. 

CHAP. 160.—An Act To supplement “An Act to promote the safety of employees and Apr. 14, 1910, 36 
travelers upon railroads by compelling common carriers engaged in interstate com- Stat. L., 298, 299, 
merce to equip their cars with automatic couplers and continuous brakes and their c. 160, s. 5. 
locomotives with driving wheel brakes and for other purposes,” and other safety 
appliance Acts, and for other purposes. 

Sec. 5. That except that, within the limits specified in the Liability for 
preceding section of this Act, the movement of a car with defec- llaulin " defective 
tive or insecure equipment may be made without incurring the pa i rg- ^ 
penalty provided by the statutes, but shall in all other respects be 
unlawful. * * * . 


SEC. 105. 

CHAP. 196. An act to promote the safety, of employees and travelers upon railroads Mar. 2, 1893. 
by compelling common carriers engaged in interstate commerce to equip their cars 27 Stat. L., 531, 
with automatic couplers and continuous brakes and their locomotives with driving-532, c. 193, s. 5. 
wheel brakes, and for other purposes. 

Sec. 5. That within ninety days from the passage of this act the American Rail- 
Amcrican Railway Association is authorized hereby to designate to the ^Tne^sta!ifl¬ 
int erst ate Commerce Commission the standard height of drawbars for ar( j height of draw- 
freight cars, measured perpendicular from the level of the tops of the bars for freight 
rails to the centers of the drawbars, for each of the several gauges of cars, 
railroads in use in the United States, and shall fix a maximum variation . Maximum varia- 
from such standard height to be allowed between the drawbars of tlon * 
empty and loaded cars. Upon their determination being certified to Certificate, 
the Interstate Commerce Commission, said Commission shall at once 
give notice of the standard fixed upon to all common carriers, owners, Notice of stand- 
or lessees engaged in interstate commerce in the United States by such ar j nterf!tate Com _ 
mcai’s as the Commission may deem proper. But should said associa- merce Commission 
tion fail to determine a standard as above provided, it shall be the duty to fix standard on 
of the Interstate Commerce Commission to do so, before July first, failure of assoma- 
eightecn hundred and ninety-four, and immediately to give notice t1011. 


68693—14-26 


201 


REPORT OF THE C03IMISSI0N. 


1 

2 

B 

4 

5 

6 

Penalty for vio- 7 
lation, how recov¬ 
ered, etc. 

U. S. v. South- q 
cm R. Co., 135 Fed. ® 
Rep., 122. 

9 

10 

11 

12 

18 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 


allowed between drawbars of empty and loaded cars, is hereby 
fixed as the standard height of drawbars and variation between 
empty and loaded cars, for freight cars; and no cars, either 
loaded or unloaded, shalhbe used in interstate traffic, which 
do not comply with said standard. [2 Mar., 1893, 27 Stat. 
L., 531, c. 196, s. 5; 2 Supp., 102.] 

Sec. 106. Any such common carrier using any locomo¬ 
tive engine, running any train, or hauling or permitting to 
be hauled or used on its line any car in violation of any of the 
provisions of this chapter , shall be liable to a penalty of one 
hundred dollars for each such violation, to be recovered by 
suit to be brought by the United States attorney in the dis¬ 
trict where such violation shall have been committed; and it 
shall be the duty of such district attorney to bring such suits 
upon duly verified information being lodged with him of such 
violation having occurred; and it shall also be the duty of the 
Interstate Commerce Commission to lodge with the proper 
district attorneys information of any such violations as may 
come to its knowledge: Provided , That nothing in this chapter 
shall apply to trains composed of four-wheel cars or to trains 
composed of eight-wheel standard logging cars where the 
height of such car from top of rail to center of coupling does 
not exceed twenty-five inches, or to locomotives used in haul¬ 
ing such trains when such cars or locomotives are exclusively 


202 


EXISTING LAW. 


thereof as aforesaid. And after July first, eighteen hundred and Operative date, 
ninety-five, no cars, either loaded or unloaded, shall be used in in ter- carci excluded from 
state traffic which do not comply with the standard above provided for. traffic. 


SEC. 100. 

CHAP. 106.—An Act To promote the safety cf employees and travelers upon railroads Mar. 2, 1893, 27 
by compelling common carriers engaged in interstate commerce to equip their cars Stat. L., 531, 532, 
with automatic couplers and continuous brakes and their locomotives with driving- c. 196, s. 6. 
wheel brakes, and lor other purposes. 

CHAP. 87.—An Act To amend an Act entitled “An Act to promote the safety of em- Apr. 1, 1896, 29 
ployees and travelers,” and so forth, approved March second, eighteen hundred and Stat. L., 85, c. 87, 
ninety-three. 8. 1. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That section six of an Act Railroads, 
entitled “An Act to promote the safety of employees and travelers *.ie.fTi 1 .,, . t0 . u ! e 
upon railroads by compelling common carriers engaged in interstate i erSi etc 
commerce to equip th< ir cars with automatic cottpl rs and continuous Vol. 27, p. 532. 
brake s, and th< ir locomotive s with driving-wheel brake s, and for other 
purposes,” approved March second, eighteen hundred and ninety- 
three, be amended so as to read as follows: 

“Sec. 6. That any such common carri r using any locomotive engine Penalty for vio- 
running any train, or hauling or p rmitting to be haul'd or used on lalions - 
its line any car in violation of any of the provisions of this Act, shall 
be liable to a penalty of one hiyuln d dollars for each and every such 
violation, to be n cover, d in a suit or suits to be brought by the 
United States district attorney in the district court of the United Suits. 

States having jurisdiction in the locality where such violation shall 
have been committed; and it shall be the eluty of such district attor¬ 
ney to bring such suits upon duly vorifh d information King lodged 
with him of such violation having occurred; and it shall also be the 
duty of the Interstate Comm< rce Commission to lodge with the proper 
district attorneys information of any such violations as may come to 
its knowl dge: Provided, That nothing in this Act contained shall Promo, 
apply to trains compose cl of four-wheel cars or to trains composed of , 0 N °f t our !^h e ei ab o? 
eight-wheel stanelarel logging cars where the height of such car from i ug gi ug cars, 
top of rail to center of coupling docs not exceed twenty-five inches, 
or to locomotives used in hauling such trains when such cars or loco¬ 
motives are exclusively used for the transportation of logs.” 

Approved, April 1, 1S9G. 


203 


REPORT OF THE COMMISSION. 


1 

2 

3 

Times for com- 4 . 
pliance may be ex¬ 
tended. 

5 

6 

7 

8 
9 

10 

11 


Employees in- 12 

jured by noncom¬ 
plying cars, etc., 
do not assume the 1 Q 
risk. 10 

Johnson v. South¬ 
ern Pac. R. Co., 1 a 
19GU. S., ljCleve- 14 
land, etc., R. Co. 
v. Baker, 91 Fed. - r 
Rep., 224; Vcelker 15 
v. Chicago, etc., R. 

Co., 11(5 Fed. Rep., 

8G7; Johnson v. 16 
Southern Pac. R. 

Co., 117 Fed. Rep., 

4G2; Denver, etc., 1 7 
R. Co. v. Arrighi, 

129 Fed. Rep., 347; 
Chicago, etc., R. in 
Co. v. Voelker, 129 - 1 -® 
Fed. Rep., 52G. 

19 

Above provision 20 
extended. 

21 

22 

23 

24 


used for the transportation of logs. [2 Mar., 1893, 27 Stat. 
L., 531, c. 196, s. 6; 2 Supp., 102. 1 Apr., 1896, 29 Stat. L., 

85, c. 87, s. 1; 2 Supp., 455.] 

Sec. 107. Whenever • the times within which any com¬ 
mon carrier shall comply with the provisions of this chapter 
have been extended beyond the times fixed by the Act of 
March second, eighteen hundred and ninety-three, chapter one 
hundred and ninety-six, the Interstate Commerce Commission 
may, from time to time, upon full hearing and for good cause, 
further extend such periods. [2 Mar., 1893, 27 Stat. L., 
532, c. 196, s. 7; 2 Supp., 103.] 

Sec. 108. Any employee of any such common carrier 
who may he injured by any locomotive, car, or train in use 
contrary to the provisions of this chapter shall not be deemed 
thereby to have assumed the risk thereby occasioned, although 
continuing in the employment of such carrier after the unlaw¬ 
ful use of such locomotive, car, or train had been brought to 
his knowledge. [2 Mar., 1893, 27 Stat. L., 531, c. 196, s. 
8; 2 Supp., 103.] 

Sec. 109. The provisions and requirements of this 
chapter shall be held to apply to common carriers by railroads 
in the Territories and the District of Columbia and shall apply 
in all cases, whether or not the couplers brought together are 
of the same kind, make, or type; and the provisions and 


204 


EXISTING LAW. 


SEC. 107. 

CHAP. 193.—An Act To promote the safety of employees and travelers upon railroads Mar. 2, 1893, 27 
by compelling common carriers engaged in interstate commerce to equip their cars Stat. L., 531, 532, 
with automatic couplers and continuous brakes and their locomotives with driving- c. 196, s. 7. 
wheel brakes, and for other purposes. 

Sec. 7. That the Interstate Commerce Commission may from time to Extension of 
time upon full hearing and for good cause extend the period within tjrae for c^P 11 - 
wliich any common carrier shall comply with the provisions of this act. a 


SEC. 108. 

CHAP. 196.—An Act To promote the safety of employees and travelers upon railroads Mar. 2, 1893, 27 
by compelling common carriers engaged in interstate commerce to equip their cars Stat. L., 531, 532, 
with automatic couplers and continuous brakes and their locomotives with driving- c. 196, s. 7. 
wheel brakes, and for other purposes. 

Sec. 8 . That any employee of any such common carrier who may be . Employees in- 
injured by any locomotive, car, or.train in use contrary to the provision J 'yYii" b cars° n< et(f" 
of this act shall not be deemed thereby to have assumed the risk russume^the 
thereby occasioned, although continuing in the employment of such risk, 
carrier after the unlawful use of such locomotive, cur, or train had been 
brought to his knowledge. 

Approved, March 2, 1S93. 




SEC. 109. 

CHAP. 976. —An Act To amend an act entitled “An Act to promote the safety of Mar. 2, 1903, 32 
employees and travelers upon railroads by compelling common carriers engaged in Stat. L., 943, s. 1. 
interstate commerce to equip their cars with automatic couplers and continuous 
brakes and their locomotives with driving-wheel brakes, and for other purposes,” 
approved March second, eighteen hundred and ninety-three, and amended April 
first, eighteen hundred and ninety-six. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the provisions ar.d A u tomatic 
roquircmonts of the Act ontitlod “An Act to promote the safety of aild cou ‘ 

employees ar.d travelers upon railroads by compolli g common carriers Requirements 
er gaged in interstate commcreo to equip their cars with automatic for, extended, 
couplers ar.d continuous brakes ai d their locomotives with driving- Vol. 27, p. 531. 
wheel brakes, and for other purposes,” approved March second, eight- Vol. 29, p. 85. 

20 5 


i 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

7 

8 

Railroads to re- Q 
port accidents to 
In terstate Com¬ 
merce Commis- -i rv 
sion. 

11 

12 

13 


14 

15 

16 


17 

18 


19 

20 
21 

22 

23 


24 


requirements of this chapter relating to train brakes, auto¬ 
matic couplers, grab irons, and the height of drawbars shall be 
held to apply to all trains, locomotives, tenders, cars, and 
similar vehicles used on any railroad engaged in interstate 
commerce, and in the Territories and the District of Columbia, 
and to all other locomotives, tenders, cars, and similar vehicles 
used in connection therewith. [2 Mar., 1903, 32 Stat. L., 
943, c. 976, s. 1.] 

Sec. 110. It shall be the duty of the general manager, 
superintendent, or other proper officer of every common car¬ 
rier engaged in interstate or foreign commerce by railroad, 
to make, under oath, to the Interstate Commerce Commission, 
at its office in Washington, in such form and under such rules 
and regulations as the Commission may prescribe, a monthly 
report of all collisions, derailments, or other accidents result¬ 
ing in injury io persons, equipment, or roadbed, arising from 
the operation of such railroad, which report shall state the 
nature and causes thereof, and the circumstances connected 
therewith: Provided , That hereafter all said carriers shall be 
relieved from the duty of reporting accidents in their annual 
financial and operating reports made to the Commission. 
Any common carrier failing to make any such report within 
thirty days after the end of any month, shall be fined not more 
than one hundred dollars for each such offense; and every 


20G 


EXISTING LAW. 


eon hundred and ninety-throo, and amor.ded April first, eighteen 

hurdrod and ninety-six, shall be hold to apply to common carriers by 

railroads in tho Territories and the Listriet of Columbia and shall 

apply in all cases, whether or not tho couplers brought together are of 

tho samo kind, make, or type; and tho provisions and requirements 

hereof and of said Acts relating to train bra 1 os, automatic couplers, 

grab irons, and tho height of drawbars shall bo hold to apply to all 

trains, locomotives, tenders, cars, and similar vehicles used on any 

railroad ongaged in interstate commereo, and in the Territories and 

tho Listriet of Columbia, and to all other locomotives, tenders, cars, 

and similar vehicles used in connection therewith, excepting thoso Exceptions. 

trains, cars, and locomotives exempted by the provisions ot section six 

of said Act of March second, eighteen hundred a r d ninety-thico, as 

amended by tho Act of April first, cighteon hundred and ninety-six, 

or which are used upon street railways. 


SEC. 110. 

CHAP. 866.—An Act Requiring common carriers engaged in interstate commerce Mar. 3, 1901, 31 
to make full reports of all accidents to the Interstate Commerce Commission. Stat. L., 1440, c. 

Be it enacted by the Senate and House of Representatives of the United Common carriers 
States of America in Congress assembled, j t shall bo tho duty of tho to report accidents 
general manager, superintendent, or other proper o * cor of every t0 interstate Corn- 
common carrier engaged in interstate commorco by railroad to make morceComitusslon - 
to tho interstate Commorco Commission, at its oh ce in Washington, 

District of Columbia, a monthly report, under oath, of all collisions 
of trains or where any train or part of a train accidentally leaves the 
track, and of all accidents which may occur to its passorgers or 
employees while in the service of such common carrier and actually 
on duty, which report shall state tho nature and causes thereof, and 
the circumstances connected therewith. 

Sec. 2. That any common carrier failing to make such report within Penalty, 
thirty days after tho ond of any month shall be deemed guilty of a 
misdemeanor and, upon conviction thereof by a court of competent 
jurisdiction, shall bo punished by a fine of not more than one hurdrod 
dollars for each and ovmy offense a'"d for every day durirg which it 
shall fail to make such report after the time herein specified for mak¬ 
ing tho samo. 

Sec. h. That neither said report nor any part thereof shall bo . Report inadmis- 
admitted as ovidonco or used for any purpose against such railroad sible ab evid ence. 
so making such report in any suit or action for damages growing out 
of any matter mentioned in said report. 

Sec. 4. That tho interstate Commerce Commission is authorized to Form of reports, 
prose* ibo for such common carriers a method and form for making 
the reports in the foregoi tg section provided. 

Approved, March V>, 19 T. 

[The above four sections placed here for reference only, as Act is repealed by Act 
of May 6, 1910. See note below and section cited.] 

SEC. 110. 

CHAP. 208.—An Act Requiring common carriers engaged in interstate and foreign May 6, 1910, 36 
commerce to make full reports of all accidents to the Interstate Commerce Commis- Stat. L., 350, 351, 
sion, and authorizing investigations thereof by said commission. c. 208, ss. 1, 2, 5. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it shall be the duty of c ] 0 ^ s llway acci " 
the g neral manag.r, suprrint ndoit, rr ether proper officer rf every 'commoncarriers 
common carrier engaged in interstate or Dr, ign commerce by railroad to make monthly 
to make to the Interstate Commerce ComnissDn, at its offDe in reports of. 
Washington, District of C dumbia, a monthly report, under oath, of Vo1 - 31 > P- 1446 * 

207 


REPORT OF THE COMMISSION. 


1 day during which it shall fail to make any such report after 

2 said thirty days , shall constitute a separate offense. [3 Mar., 

3 1901, 31 Stat. L., 1446, c. 866, ss. 1, 2, 4; 2 Supp., 1810. 

4 6 May, 1910, 36 Stat. L., 350, c. 208, ss. 1, 2. 5.] 


Interstate Com- K 

merce Commis¬ 
sion to investigate 
collisions, acci- ™ 

dents, etc.; may 0 

make reports of in¬ 
vestigations; re- 
ports not to be 7 

used as evidence 
in suits, etc. 


9 

10 

11 

12 

13 

14 


15 


16 

17 

18 


Sec. 111. The Interstate Commerce Commission shall 
have authority to investigate all collisions, derailments, or 
other accidents resulting in serious injury to person or to the 
property of a railroad occurring on the line of any common 
carrier engaged in interstate or foreign commerce by railroad. 
The commission, or any impartial investigator thereunto 
authorized by said commission, shall have authority to inves¬ 
tigate such collisions, derailments, or other accidents afore¬ 
said, and all the attending facts, conditions, and circumstances, 
and for that purpose may subpoena witnesses, administer 
oaths, take testimony, and require the production of books, 
papers, orders, memoranda, exhibits, and other evidence, and 
shall be provided by said carriers with all reasonable facilities: 
Provided , That when such accident is investigated by a corn- 


208 


EXISTING LAW. 


all collisions, derailments, or other accidents resulting in injury to 
persons, equipment, or roadbed arising from the operation cf such 
railroad under such rules and regulaticns as may he prescribed by the 
said commission, which report shall state the nature and causes thereof 
and the cm umste nces connected therewith: Provided, That hereafter 
all said carriers shall be relieved from the duty of reporting accidents 
in their annual financial and operating reports made to the comm issb n. 

Sec. 2 . That any common carrier failing to make such report within 
thirty days after the end of any month shall be deemed guilty of a 
misdemeanor, and upon conviction thereof by a court of competent 
jurisdiction shall be punished by a fine of not more than one hundred 
dollars for each and every offense and for every day during which it 
shall fail to make such report after the time herein specified for mak¬ 
ing the same. 

Sec. 5. That the Interstate Commerce Commission is authorized 
to prescribe for such common carriers a method and form for making 
the reports hereinbefore provided. 


Proviso. 

To be omitted 
from annual report. 

Penalty. 


Form of reports. 


SEC. 110. (Note.) 

CHAP. 208.—An Act Requiring common carriers engaged in interstate and foreign May 6, 1910, 36 
commerce to make full reports of all accidents to the Interstate Commerce Commis- Stat. L., 350, 351, 
sion, and authorizing investigations thereof by said commission. c. 208, s. 6. 

Sec. 6 . That the Act entitled “An Act requiring common carriers Prior act re¬ 
engaged in interstate commerce to make full reports of all accidents pe y ( ^ d ’ 31 144C 

to the Interstate Commerce Commission,” approved March third, °' ,p ' 
nineteen hundred and one, is hereby repealed. 

SEC. ill. 


CHAP. 866.—An Act Requiring common carriers engaged in interstate commerce Mar. 3, 1901, 31 
to make full reports of all accidents to the Interstate Commerce Commission. Stat. L., 1446, c. 

866, s. 3. 

Common carriers 
to report accidents 
to Interstate Com¬ 
merce Commission. 


CHAP. 208.—An Act Requiring common carriers engaged in interstate and foreign May 6, 1910, 36 
commerce to make full reports of all accidents to the Interstate Commerce Commis- Stat. L., 350, 351, 
sion, and authorizing investigations thereof by said commission. c. 208, ss. 3, 4. 

Sec. 3. That the Interstate Commerce Commission shall have Investigation by 
authority to investigate all collisions, derailments, or other accidents Interstate^) °_m^- 
resulting hi serious injury to person or to the property of a railroad merce ommiSfalon - 
occurring on the line of any common carrier engaged in interstate or 
foreign commerce by railroad. The commission, or any impartial Authority con- 
investigator thereunto authorized by said commission, shall have ferred - 
authority to investigate such collisions, derailments, or other acci¬ 
dents aforesaid, and all the attending facts, conditions, and circum¬ 
stances, and for that purpose may subpoena witnesses, administer 
oaths, take testimony, and require the production of books, papers, 
orders, memoranda, exhibits, and other evidence, and shall be pro¬ 
vided by said carriers with all reasonable facilities: Provided , That Proviso. 
when such accident is investigated by a commission of the State in Cooperatiomvith 
which it occurred, the Interstate Commerce Commission shall, if con- ‘ tl e ‘ omnusslons - 
venient, make any investigation it may have previously determined 
upon, at the same time as, and in connection with, the state commis¬ 
sion investigation. Said commission shall, when it deems it to the Publication, 
public interest, make reports of such investigations, stating the cause etc -> ot re P orts - 
of accident, together with such recommendations as it deems proper. 

Such reports shall be made public in such manner as the commission 
deems proper. 


6S693—14-27 


209 



REPORT OF THE COMMISSION. 


1 mission of the State in which it occurred, the Interstate Com- 

2 merce Commission shall, if convenient, make any investiga- 

3 tion it may have previously determined upon, at the same 

4 time as, and in connection with, the State commission inves- 

5 tigation. Said commission shall, when it deems it to the 

6 public interest, make reports of such investigations, stating 


7 


9 

10 

11 

12 

13 

14 


15 


16 

17 

Terms “inter- 18 
slate” and “for¬ 
eign” commerce 
defined. 19 

20 

21 

22 

23 


24 

25 

26 


the cause of accident, together with such recommendations 
as it deems proper. Such reports shall be made public in such 
manner as the commission deems proper. No repo *t, and no 
part thereof, made under the provisions of the section last pre¬ 
ceding, and no report, and no part thereof, of any investigation 
made by or on behalf of the Interstate Commerce Commission 
under the provisions of this section, shall be admitted as evi¬ 
dence or used for any purpose, in any suit or action for damages 
growing out of any matter mentioned in said report or investi¬ 
gation. [3 Mar., 1901, 31 Stat. L., 1446, c. 866, s. 3; 2 
Supp., 1810. 6 May, 1910, 36 Stat. L., 351, c. 208, ss. 3, 4.] 

Sec. 112. The term “interstate commerce,” as used 
in this chapter, shall include transportation from any State or 
Territory or the District of Columbia to any other State or 
Territory or the District of Columbia, and the term “ foreign 
commerce,” as used in this chapter, shall include transporta¬ 
tion from any State or Territory or the District of Columbia to 
any foreign country and from any foreign country to any State 
or Territory or the District of Columbia. [6 May, 1910, 36 

Stat. L., 351, c. 208, s. 7.] 

310 


EXISTING LAW. 


Sec. 4. That neither said report nor any report of said investiga¬ 
tion nor any part thereof shall be admitted as evidence or used for 
any purpose in any suit or action for damages growing out of any 
matter mentioned in said report or investigation. 

For reference: 

Sec. 6 . That the Act entitled “An Act requiring common carriers 
engaged in interstate commerce to make full reports of all accidents 
to the Interstate Commerce Commission,” approved March third, 
nineteen hundred and one, is hereby repealed. 


SEC. 112. 

CHAP. 208.—An Act Requiring common carriers engaged in interstate and foreign 
commerce to make full reports of all accidents to the Interstate Commerce Commis¬ 
sion, and authorizing investigations thereof by said commission. 

Sec. 7. That the term “interstate commerce,” as used in this Act, 
shall include transportation from any State or Territory or the District 
of Columbia to any other State or Territory or the District of Colum¬ 
bia, and the term “foreign commerce,” as used in this Act, shall 
include transportation from any State or Territory or the District of 
Columbia to any foreign country and from any foreign country to any 
State or Territory or the District of Columbia. 


Reports inadmis¬ 
sible as evidence 
in damage suits. 


Prior act re¬ 
pealed. 

Vol. 31, p. 1446. 


May 6, 1910, 36 
Stat. L., 350, 351, 
c. 208, s. 7. 

Definitions. 

“Interstate com¬ 
merce. ” 

“Foreign com¬ 
merce. ” 


REPORT OF THE C03IMISSI0N. 


Locomotives to 1 
be equipped with 
safety ash pans, 
etc cy 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

Suits to recover ~ 
penalties for viola- lo 
lations, etc.; in¬ 
formation to be . 
filed by Interstate 14 
Commerce Com¬ 
mission etc. * r 

15 

16 

17 

18 

19 

20 

21 


22 


23 


Sec. 113. It shall be unlawful for any common carrier 
engaged in interstate or foreign commerce by railroad to use 
any locomotive in moving interstate or foreign traffic, or for 
any common carrier by railroad in any Territory of the United 
States or the District of Columbia, to use any locomotive not 
equipped with an asb pan, which can be dumped or emptied 
and cleaned without the necessity of any employee going 
under such locomotive: Provided, That nothing in this 
section shall apply to any locomotive upon which, by reason 
of the use of oil, electricity, or other such agency, an ash pan 
is not necessary. [30 May, 1908, 35 Stat. L., 476, c. 225, 
ss. 1, 2, 6.] 

Sec. 114. Any such common carrier using any loco¬ 
motive in violation of any provision of the section last preceding 
shall be liable to a penalty of two hundred dollars for every 
such violation, to be recovered by suit to be brought by the 
United States attorney for the district in which the violation 
shall have been committed, upon duly verified information 
filed with him of such violation having occurred; and it shall 
also be the duty of the Interstate Commerce Commission to 
file with the proper district attorneys information of any such 
violations as may come to its knowledge. [30 May, 1908, 35 
Stat. L., 476, c. 225, s. 3.] 


Term “common 24 
carrier” defined. 


Sec. 115. The term “common carrier” as used in the 


25 two sections last preceding, shall include the receiver, or other 

26 person or corporation charged with the duty of the manage- 

212 




EXISTING LAW. 


SEC. 113. 

CHAP. 225.—An Act To promote the safety of employees on railroads. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That on and after the first 
day of January, nineteen hundred and ten, it shall be unlawful for any 
common carrier engaged in interstate or foreign commerce by rail¬ 
road to use any locomotive in moving interstate or foreign traffic, not 
equipped with an ash pan, which can be dumped or emptied and 
cleaned without the necessity of any employee going under such loco¬ 
motive. 

Sec. 2. That on and after the first day of January, nineteen hun¬ 
dred and ten, it shall be unlawful for any common carrier by railroad 
in any Territory of the United States or the District of Columbia to 
use any locomotive not equipped with an ash pan, which can be 
dumped or emptied and cleaned without the necessity of any employee 
going under such locomotive. 

Sec. 6. That nothing in this Act contained shall apply to any loco¬ 
motive upon which, by reason of the use of oil, electricity, or other 
such agency, an ash pan is not necessary. 

Approved, May 30, 1908. 


SEC. 114. 

CHAP. 225.—An Act To promote the safety of employees on railroads. 


Sec. 3. That any such common carrier using any locomotive in viola¬ 
tion of any of the provisions of this Act shall be liable to a penalty of 
two hundred dollars for each and every such violation, to be recovered 
in a suit or suits to be brought by the United States district attorney 
in the district court of the United States having jurisdiction in the 
locality where such violation shall have been committed; and it shall 
be the duty of such district attorney to bring such suits upon duly 
verified information being lodged with him of such violation having 
occurred; and it shall also be the duty of the Interstate Commerce 
Commission to lodge with the proper district attorneys information of 
any such violations as may come to its knowledge. 


SEC. 115. 

CHAP. 225.—An Act To promote the safety of employees on railroads. 

Sec. 5. That the term “common carrier” as used in this Act shall 
include the receiver or receivers or other persons or corporations 
charged with the duty of the management and operation of the busi¬ 
ness of a common carrier. 


May 30, 1908, 35 
Stat. L., 476, c. 
225, ss. 1, 2, 6. 


Locomotive ash 
pan. 

Engines to be 
equipped with 
safety pans. 

Use of locomo¬ 
tives not equipped 
with, forbidden. 


Exception. 


May 30, 1908, 35 
Stat. L., 476, c. 
225, s. 3. 

Penalty for vio¬ 
lation. 


Suits. 


Information. 


May 30, 1908, 35 
Stat. L., 476, c. 
225, s. 5. 

Receivers, etc., 
included in term 
‘ ‘ common carrier. ’ - 


213 


REPORT OF THE COMMISSION. 


1 

2 

Interstate Com- o 

merce Commission ° 

may investigate 
and report cn use . 

and need of sai'etv 4 

appliances. 

5 

6 

7 

8 
9 

10 

11 

12 


Inspectors to ex- IQ 
amine mail cars 
and make report; 
copy of report to ^ a 
be furnished Post- 
master General. 

15 

16 

17 

18 

19 

20 


merit and operation of the business of a common carrier. [30 
May, 1908, 35 Stat. L., 476, c. 225, s. 5.] 

Sec. 116. The Interstate Conmierce Commission is 
authorized, at its discretion, to investigate, test experimen¬ 
tally, and report on the use and need of any appliances or 
systems intended to promote the safety of railway operation 
which may be furnished in completed shape to such Commis¬ 
sion for such investigation and test entirely free of cost to the 
Government. For this purpose the Commission is authorized 
to employ persons familiar with the subject to be investigated 
and tested, and may also make use of its regular employees for 
such purposes. [27 May, 1908, 35 Stat. L., 325, c. 200.] 
Sec. 117. All inspectors employed for the enforcement 
of the provisions of this chapter , shall also be required to make 
examination of the construction, adaptability, design, and 
condition of all mail cars used on any railroad in the United 
States and make report thereon, a copy of which report shall 
be transmitted to the Postmaster General. [27 May, 1908, 
35 Stat. L., 325, c. 200. 4 Mar., 1909, 35 Stat. L., 965, 
c. 299.] 


214 


EXISTING LAW. 


SEC. 116. 

CHAP. 200.- An Act Making appropriations for sundry civil expenses of the Govern- May 27, 1908, 35 
ment for the fiscal year ending June thirtieth, nineteen hundred and nine, and for Slat. L., 324, c. 200. 
other purposes. 


INTERSTATE COMMERCE COMMISSION. 

Hereafter the Interstate Commerce Commission shall be, and is, Investigation of 
hereby authorized, at its discretion, to investigate, test experimentally, sa ^ et, y appliances, 
and report on the use and need of any appliances or systems intended etc ' 
to promote the safety of railway operation which may be furnished in 
completed shape to such Commission for such investigation and test 
entirely free of cost to the Government. For this purpose the Com¬ 
mission is authorized to employ persons familiar with the subject to 
be investigated and tested, and may also make use of its regular 
employees for such purposes. 


SEC. 117. 

To enable the Interstate Commerce Commission to keep informed Railway 
regarding compliance with the “Act to promote the safety of employees appliances, 
and travelers upon railroads,” approved March second, eighteen hun- Vo ' 7 ’ p , ' 
dred and ninety-three, and to execute and enforce the requirements of 
the said Act, including the employment of inspectors, one hundred 
thousand dollars. Hereafter all inspectors employed for the enforce- Reports of in 
ment of said Act shall also be required to make examination of the 8 P ectors - 
construction, adaptability, design, and condition of all mail cars used 
on any railroad in the United States and make report thereon, a copy 
of which report shall be transmitted to the Postmaster-General. 


27 May, 1908, 35 
Stat.L.,325, c. 200. 
informed Railway safety 


CHAP. 299.—An Act Making appropriations for sundry civil expenses of the Govern- March 4,1909,35 
ment for the fiscal year ending June thirtieth, nineteen hundred and ten, and for Stat. L., 965, c. 299. 
other purposes. [H. R. 28245.] 

To enable the Interstate Commerce Commission to keep informed Railway safety 
regarding compliance with the “Act to promote the safety of employ- ap ^ 1 ari 2 7 es p 531 
ees and travelers upon railroads,” approved March second, eighteen 
hundred and ninety-three, and to execute and enforce the require¬ 
ments of the said Act, including the employment of inspectors, one 
hundred and ten thousand dollars. Hereafter all inspectors employed Reports on mail 
for the enforcement of said Act shall also be required to make exam- cars - 
ination of the construction, adaptability, design, and condition of all 
mail cars used on any railroad in the United States and make report 
thereon, a copy of which report shall be transmitted to the Postmaster- 
General. 



REPORT OF THE COMMISSION. 


Life saving on 
railroads; medals 
of honor for. 


Rosettes, rib¬ 
bons, etc.; lost, 
etc., ribbons. 


1 Sec. 118. The President of the United States is au- 

2 thorized to cause to be prepared bronze medals of honor, 

3 with suitable emblematic devices, which shall be bestowed 

4 upon any persons who shall, by extreme daring, endanger 

5 their own lives in saving, or endeavoring to save, lives from 

6 any wreck, disaster, or grave accident, or in preventing or 

7 endeavoring to prevent such wreck, disaster, or grave acci- 

8 dent, upon any railroad within the United States engaged 

9 in interstate commerce: Provided , That no award of said 

10 medal shall be made to any person until sufficient evidence 

11 of his deserving shall have been furnished and placed on file, 

12 under such regulations as may be prescribed by the President 

13 of the United States. [23 Feb., 1905, 33 Stat. L., 743, 

14 c. 744, s. 1.] 

15 Sec. 119. The President of the United States is au- 

16 thorized to issue to any person to whom a medal of honor 

17 may have been awarded under the provisions of the section 

18 last preceding a rosette or knot, to be worn in lieu of the 

19 medal, and a ribbon to be worn with the medal; said rosette 

20 or knot and ribbon to be each of a pattern to be prescribed by 

21 the President of the United States: Provided , That when- 

22 ever a ribbon issued under the provisions of this section shall 

23 have been lost, destroyed, or rendered unfit for use without 

24 fault or neglect on the part of the person to whom it was 


216 


EXISTING LAW. 


SEC. 118. 

>) . » w ■ ■ : , , 

CHAP. 744.—An Act To promote the security of travel upon railroads engaged in Feb. 23,1905, 33 
interstate commerce, and to encourage the saving of life. Stat. L., 743, c. 744, 

' ' 8 . 1 . 

Be it enacted by the Senate and Ho use of Representatives of the United 
States of America in Congress assembled, That the President of the Life saving on 
United States be, and he is hereby, authorized to cause to be prepared railr °ads. 
bronze medals of honor, with suitable emblematic devices, which shall Medals of honor 
be bestowed upon, any persons who shall hereafter, by extreme daring, for - 
endanger their own lives in saving, or endeavoring to save, lives from 
any wreck, disaster, or grave accident, or in preventing or endeavor¬ 
ing to prevent such wreck, disaster, or grave accident, upon any rail¬ 
road within the United States engaged in interstate commerce: Pro- Proviso, 
vided, That no award of said medal shall be made to any person until Proof, 
sufficient evidence of his deserving shall have been furnished and 
placed on file, under such regulations as may be prescribed by the 
President of the United States. 


SEC. 119. 

CHAP. 744.—An Act To promote the security of travel upon railroads engaged in Feb. 23,1905, 33 
interstate commerce, and to encourage the saving of life. Stat. L.,743, c. 744. 

Sec. 2. That the President of the United States be, and he is hereby, Rosettes, etc. 
authorized to issue to any person to whom a medal of honor may be 
awarded under the provisions of this Act a rosette or knot, to be worn 
in lieu of the medal, and a ribbon to be worn with the medal; said 
rosette or knot and ribbon to be each of a pattern to be prescribed by 
the President of the United States: Provided, That whenever a ribbon Proviso. 
issued under the provisions of this Act shall have been lost, destroyed,, o ^ st > etc -» nb ~ 
or rendered unfit for use without fault or neglect on the part of the ' 
person to whom it was issued, a new ribbon shall be issued to such 
person without charge therefor. 



REPORT OF THE COMMISSION. 


Payment of ex¬ 
penses. 


1 issued, a new ribbon shall be issued to such person without 

2 charge therefor. [23 Feb., 1905, 33 Stat. L., 743, c. 744, 

3 s. 2.] 

4 Sec. 120. The appropriations for the enforcement of 

5 the provisions of this chapter shall be available for carrying 

6 out the provisions of the two sections last preceding. [23 

7 Feb., 1905, 33 Stat. L., 743, e. 744, s. 3.] 



EXISTING LAW 



SEC. 120. 

CHAP. 744.—An Act To promote the security of travel upon railroads engaged in Feb. 23, 1905, 33 
interstate commerce, and to encourage the saving of life. Stat. L.,743, c. 744. 

Sec. 3. That the appropriations for the enforcement and execution Payment of ex- 
of the provisions of the Acts to promote the safety of employees and pe yy e j s '27 y 531 
travelers upon railroads are hereby made available for carrying out 0 ' ’ p ' 

the provisions of this Act. 

Approved, February 23, 1905. 













I 


•»J!> 






















REPORT OF THE COMMISSION. 


Common car¬ 
riers affected by 
act. 


Meaning of 
terms. 

“Railroads.” 


“Employees.” 


Chapter Four. 

LOCOMOTIVE SAFETY APPLIANCES; BOILER INSPECTORS. 

Sec. 

121. Common carriers affected by this chapter; 

meaning of terms. 

122. Locomotives; use, unless with safe boil¬ 

ers, unlawful; inspection. 

123. Boiler inspectors; chief and assistants; 

appointment, salaries, etc. 

124. Inspection districts; appointment, and 

salaries of district inspectors; exami¬ 
nations; disqualifications. 

125. Filing of rules and instructions for in¬ 

spection; approval of all rules. 

126. District inspection; appeals to chief in¬ 

spector by carrier; reexamination; final 
action. 

1 Sec. 121. The provisions of this chapter shall apply 

2 to any common carrier or parriers, their officers, agents, 

3 and employees, engaged in the transportation of passengers 

4 or property by railroad in the District of Columbia, or in any 

5 Territory of the United States, or from one State or Terri- 

6 tory of the United States or the District of Columbia to any 

7 other State or Territory of the United States or the District 

8 of Columbia, or from any place in the United States to an 

9 adjacent foreign country, or from any place in the United 

10 States through a foreign country to any other place in the 

11 United States. The term “railroad” as used in this chapter 

12 shall include all the roads in use by any common carrier 

13 operating a railroad, whether owned or operated under a 

14 contract, agreement, or lease, and the term “employees” 


Sec. 

127. Annual report of chief inspector. 

128. Accidents from failure of boilers; in¬ 

vestigation; detailed reports. 

129. Reports by Interstate Commerce Com¬ 

mission of cause of accidents, etc.; 
such reports not admitted in damage 
suits. 

130. Penalty for violation by carriers; duty 

of district attorney, etc. 

131. Limit of appropriations for each fiscal 

year. 




EXISTING LAW. 


SEC. 121. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat, L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 1. 

Be it enacted by the Senate and House of Representatives o f the United 
States of America in Congress assembled, That the provisions of this Locomotive boil- 
Act shall apply to any common carrier or carriers, their officers, er Q ommou carr i ers 
agents, and employees, engaged in the transportation of passengers affected bv act* 6 ^ 
or property by railroad in the District of Columbia, or in any Territory 
of the United States, or from one State or Territory of the United 
States or the District of Columbia to any other State or Territory 
of the United States or the District of Columbia, or from any place 
in the United States to an adjacent foreign country, or from any 
place in the United States through a foreign country to any other 
place in the United States. The term “railroad” as used in this Act Meaning of 
shall include all the roads in use by any common carrier operating te ^ailroads ” 
a railroad, whether owned or operated under a contract, agreement, 10 

or lease, and the term “employees” as used in this Act shall be held to “Employees.” 
mean persons actually engaged in or connected with the movement 
of any train. 


221 


/ 


REPORT OF THE COMMISSION. 


Locomotives. 
Use, unless with 
safe boilers, un¬ 
lawful. 


Inspection. 


Chief and two 
assistant chief in¬ 
spectors. 

A p p o i ntment, 
etc. 


1 as used in this chapter shall be held to mean persons actually 

2 engaged in or connected with the movement of any train. 

3 [17 Feb., 1911, 36 Stat. L., 913, c. 103, s. 1.] 

4 Sec. 122. It shall be unlawful for any common car- 

5 rier, its officers or agents, subject to this chapter to use any 

6 locomotive engine propelled by steam power in moving inter- 

7 state or foreign traffic unless the boiler of said locomotive 

8 and appurtenances thereof are in proper condition and safe 

9 to operate in the service to which the same is put, that the 

10 same may be employed in the active service of such carrier 

11 in moving traffic without unnecessary peril to life or limb. 

12 and all boilers shall be inspected from time to time in ac- 

13 cordance with the provisions of this chapter, and be able 

14 to withstand such test or tests as may be prescribed in the 

15 rules and regulations hereinafter provided for. [17 Feb., 

16 1911, 36 Stat. L., 914, c. 103, s. 2.J 

17 Sec. 123. There shall be appointed by the President, 

18 by and with the advice and consent of the Senate, a chief 

19 inspector and two assistant chief inspectors of locomotive 

20 boilers, who shall have general superintendence of the 

21 inspectors hereinafter provided for, direct them in the duties 

22 hereby imposed upon them, and see that the requirements 

23 of this chapter and the rules, regulations, and instructions 

24 made or given hereunder are observed by common carriers 


222 


EXISTING LAW. 


SEC. 122. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 2. 

Sec. 2. That from and after the first day of July, nineteen hundred Locomotives, 
and eleven, it shall be unlawful for any common carrier, its officers or P 86 ’ u . n l ess w hh 
agents, subject to this Act to use any locomotive engine propelled by j^ v e fu ] boiler8 ’ un ' 
steam power in moving interstate or foreign traffic unless the boiler 
of said locomotive and appurtenances thereof are in proper condition 
and safe to operate in the service to which the same is put, that the 
same may be employed in the active service of such carrier in moving 
traffic without unnecessary peril to life or limb, and all boilers shall 
be inspected from time to time in accordance with the provisions of inspection, 
this Act, and be able to withstand such test or tests as may be pre¬ 
scribed in the rules and regulations hereinafter provided for. 


♦ 


SEC. 123. 


CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 3. 


Sec. 3. That there shall be appointed by the President, by and with 
the advice and consent of the Senate, a chief inspector and two 
assistant chief inspectors of locomotive boilers, who shall have general 
superintendence of the inspectors hereinafter provided for, direct 
them in the duties hereby imposed upon them, and see that the require¬ 
ments of this Act and the rules, regulations, and instructions made or 
given hereunder are observed by common carriers subject hereto. 
The said chief inspector and his two assistants shall be selected with 
reference to their practical knowledge of the construction and repair¬ 
ing of boilers, and to their fitness and ability to systematize and carry 
into effect the provisions hereof relating to the inspection and main¬ 
tenance of locomotive boilers. The chief inspector shall receive a 
salary of four thousand dollars per year and the assistant chief 
inspectors shall each receive a salary of three thousand dollars per 
year; and each of the three shall be paid his traveling expenses 


Chief and two 
assistant chief in¬ 
spectors. 

App ointment, 

Post, p. 1397. 


Selection. 


Salaries, etc. 


223 


REPORT OF THE COMMISSION. 


Selection. 


Salaries, etc. 


Office, etc. 


Inspection dis¬ 
tricts. 


District inspec¬ 
tors. 


1 subject hereto. The said chief inspector and his two assist- 

2 ants shall be selected with reference to their practical knowl- 

3 edge of the construction and repairing of boilers, and to 

4 their fitness and ability to systematize and carry into effect 

5 the provisions hereof relating to the inspection and main- 

6 tenance of locomotive boilers. The chief inspector shall 

7 receive a salary of four thousand dollars per year and the 

8 assistant chief inspectors shall each receive a salary of three 

9 thousand dollars per year; and each of the three shall be 

10 paid his traveling expenses incurred in the performance of 

11 his duties. The office of the chief inspector shall be in 

12 Washington, District of Columbia, and the Interstate Com- 

13 merce Commission shall provide such stenographic and 

14 clerical help as the business of the offices of the chief inspector 

15 and his said assistants may require. [17 Feb., 1911, 36 

16 Stat. L., 914, c. 103, s. 3.] 

17 Sec. 124. Immediately after his appointment andquali- 

18 fication the chief inspector shall divide the territory compris- 

19 ing the several States and the District of Columbia into fifty 

20 locomotive boiler-inspection districts, so arranged that the 

21 service of the inspector appointed for each district shall be 

22 most effective, and so that the work required of each inspector 

23 shall be substantially the same. Thereupon there shall be 

24 appointed by the Interstate Commerce Commission fifty 

224 




EXISTING LAW. 


incurred in the performance of his duties. The office of the chief Office, etc. 
inspector shall he in Washington, District of Columbia, and the 
Interstate Commerce Commission shall provide such stenographic and 
clerical help as the business of the offices of the chief inspector and his 
said assistants may require. 


♦ 


SEC. 124. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 4. 

Sec. 4. That immediately after his appointment and qualification Inspection dis- 
the chief inspector shall divide the territory comprising the several tricts - 
States and the District of Columbia into fifty locomotive boiler-inspec¬ 
tion districts, so arranged that the service of the inspector appointed 
for each district shall be most effective, and so that the work required 
of each inspector shall be substantially the same. Thereupon there District inspec- 
shall be appointed by the Interstate Commerce Commission fifty in- t0 j S ^ c i assifi d ivi . 
spectors of locomotive boilers. Said inspectors shall be in the classi- 8e r ^e 0 assl 6 C1V * 
fied service and shall be appointed after competitive examination ac¬ 
cording to the law and the rules of the Civil Service Commission gov¬ 
erning the classified service. The chief inspector shall assign one 
inspector so appointed to each of the districts hereinbefore named. 

Each inspector shall receive a salary of one thousand eight hundred Salaries, etc. 
dollars per year and his traveling expenses while engaged in the per¬ 
formance of his duty. He shall receive in addition thereto an 
annual allowance for office rent, stationery, and clerical assistance, 


68693—14-29 


225 


REPORT OF THE COMMISSION. 


In classified civil 
service. 


Salaries, etc. 


Examinations of 
applicants. 


Disqualifications. 


1 inspectors of locomotive boilers. Said inspectors shall be in 

2 the classified service and shall be appointed after competitive 

3 examination according to the law and the rules of the Civil 

4 Service Commission governing the classified service. The 

5 chief inspector shall assign one inspector so appointed to each 

6 of the districts hereinbefore named. Each inspector shall 

7 receive a salary of one thousand eight hundred dollars per 

8 year and his traveling expenses while engaged in the perform- 
9, ance of his duty. He shall receive in addition thereto an 

10 annual allowance for office rent, stationery, and clerical assist- 

11 ance, to be fixed by the Interstate Commerce Commission, but 

12 not to exceed in the case of any district inspector six hundred 

13 dollars per year. In order to obtain the most competent 

14 inspectors possible, it shall be the duty of the chief inspector 

15 to prepare a list of questions to be propounded to applicants 

16 with respect to construction, repair, operation, testing, and 

17 inspection of locomotive boilers, and their practical experience 

18 in such work, which list, being approved by the Interstate 

19 Commerce Commission, shall be used by the Civil Service 

20 Commission as a part of its examination. No person inter- 

21 ested, eithei directly or indirectly, in any patented article 

22 required to be used on any locomotive under supervision or 

23 who is intemperate in his habits shall be eligible to hold the 

24 office of either chief inspector or assistant or district inspector. 

25 [17 Feb., 1911, 36 Stat. L., 914, c. 103, s. 4.] 


236 


EXISTING LAW. 


to be fixed by the Interstate Commerce Commission, but not to 

exceed in the case of any district inspector six hundred dollars per 

year. In order to obtain the most competent inspectors possible, Examinations of 

it shall be the duty of the chief inspector to prepare a list of questions a PP llcants 

to be propounded to applicants with respect to construction, repair, 

operation, testing, and inspection of locomotive boilers, and their 

practical experience in such work, which list, being approved by the 

Interstate Commerce Commission, shall be used by the Civil Service 

Commission as a part of its examination. No person interested, Disqualifications. 

either directly or indirectly, in any patented article required to be 

used on any locomotive under supervision or who is intemperate in 

his habits shall be eligible to hold the office of either chief inspector 

or assistant or district inspector. 


Inspection by- 
carriers. 


Approval, etc., 
of rules filed. 


Provisos. 

Rules to be ob- 
s erved if carrier 
fails to file any. 


Changes. 


Office rules, etc. 


REPORT OF THE COMMISSION. 

1 Sec. 125. Each carrier subject to this chapter shall 

2 file its rules and instructions for the inspection of locomo- 

3 tive boilers with the chief inspector within three months 

4 after the approval of this chapter , and after hearing and 

5 approval by the Interstate Commerce Commission, such 

6 rules and instructions, with such modifications as the com- 

7 mission requires, shall become obligatory upon such carrier: 

8 Provided , however , That if any carrier subject to this chapter 

9 shall fail to file its rules and instructions the chief inspector 

10 shall prepare rules and instructions not inconsistent here- 

11 with for the inspection of locomotive boilers, to be observed 

12 by such carrier; which rules and instructions, being ap- 

13 proved by the Interstate Commerce Commission, and a 

14 copy thereof being served upon the president, general man- 

15 ager, or general superintendent of such carrier, shall be 

16 obligatory, and a violation thereof punished as hereinafter 

17 provided: Provided also , That such common carrier may 

18 from time to time change the rules and regulations herein 

19 provided for, but such change shall not take effect and the 

20 new rules and regulations be in force until the same shall 

21 have been filed with and approved by the Interstate Commerce 

22 Commission. The chief inspector shall also make all need- 

23 ful rules, regulations, and instructions not inconsistent 

24 herewith for the conduct of his office and for the government 

228 




EXISTING LAW. 


SEC. 125. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 5. 

Sec. 5. That each carrier subject to this Act shall file its rules and Inspection bv 
instructions for the inspection of locomotive boilers with the chief carriers - 
inspector within three months after the approval of this Act, and after Approval, etc., 
hearing and approval by the interstate Commerce Commission, such 01 ru,8s filerl 
rules and instructions, with such modifications as the commission 
requires, shall become obligatory upon such carrier: Provided, however, Provisos. 

That if any carrier subject to this Act shall fail to file its rules and scr ^'.” 1 l es b ® 
instructions the chief inspector shall prepare rules and instructions f a jj g t0 fi]e any 1 
not inconsistent herewith for the inspection of locomotive boilers, to 
be observed by such carrier; which rules and instructions, being 
approved by the interstate Commerce Commission, and a copy- 
thereof being served upon the president, general manager, or general 
superintendent of such carrier, shall be obligatory, and a violation 
thereof punished as hereinafter provided: Provided also, That such Changes, 
common carrier may from time to time change the rules and regula¬ 
tions herein provided for, but such change shall not take effect and 
the nev r rules and regulations be in force until the same shall have 
been filed with and approved by the Interstate Commerce Commission. 

The chief inspector shall also make all needful rules, regulations, and Office rules, etc. 
instructions not inconsistent herewith for the conduct of his office 
and for the government of the district inspectors: Provided, however, 

That all such rules and instructions shall be approved by the Inter- Approval of all 
state Commerce Commission before they take effect. rules - 


229 





REPORT OF THE COMMISSION. 


Approval of all 
rules. 


District inspec¬ 
tion. 


Personal inspec¬ 
tion of boilers. 


Inspection by 
carriers. 


Sworn reports to 
be filed. 


1 of the district inspectors: Provided , however , That all such 

2 rules and instructions shall he approved by the Interstate 

3 Commerce Commission before they take effect. [17 Feb., 

4 1911, 36 Stat. L., 915, c. 103, s. 5.] 

5 Sec. 126. It shall be the duty of each inspector to 

6 become familiar, so far as practicable, with the condition of 

7 each locomotive boiler ordinarily housed or repaired in his 

8 district, and if any locomotive is ordinarily housed or repaired 

9 in two or more districts, then the chief inspector or an assist- 

10 ant shall make such division between inspectors as will 

11 avoid the necessity for duplication of work. Each inspector 

12 shall make such personal inspection of the locomotive boilers 

13 under his care from time to time as may be necessary to fully 

14 carry out the provisions of this chapter , and as may be con- 

15 sistent with his other duties, but he shall not be required to 

16 make such inspections at stated times or at regular intervals. 

17 His first duty shall be to see that the carriers make inspec- 

18 tions in accordance with the rules and regulations established 

19 or approved by the Interstate Commerce Commission, and 

20 that carriers repair the defects which such inspections dis- 

21 close before the boiler or boilers or appurtenances pertaining 

22 thereto are again put in service. To this end each carrier 

23 subject to this chapter shall file with the inspector in charge, 

24 under the oath of the proper officer or employee, a duplicate 


230 


EXISTING LAW. 


SEC. 126. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 6. 

Sec. 6. That it shall bo the duty of each inspector to become District inspec- 
familiar, so far as practicable, with the condition of each locomotive tion. 
boiler ordinarily housed or repaired in his district, and if any locomo¬ 
tive is ordinarily housed or repaired in two or more districts, then the 
chief inspector or an assistant shall make such division between 
inspectors as will avoid the necessity for duplication of work. Each t i 0 n e of°bdler nSpeC ' 
inspector shall make such personal inspection of the locomotive tlon 0 01 ers ' 
boilers under his care from time to time as may be necessary to fully 
carry out the provisions of this Act, and as may be consistent with 
his other duties, but he shall not be required to make such inspections 
at stated times or at regular intervals. His first duty shall be to see Inspection by 
that the carriers make inspections in accordance with the rules and carners - 
regulations established or approved by the Interstate Commerce 
Commission, and that carriers repair the defects which such inspec¬ 
tions disclose before the boiler or boilers or appurtenances pertaining 
thereto are again put in service. To this end each carrier subject to Sworn reports to 
this Act shall file with the inspector in charge, under the oath of the be filed, 
proper officer or employee, a duplicate of the report of each inspection 
required by such rules and regulations, and shall also file with such 
inspector, under the oath of the proper officer or employee, a report . Repairing de¬ 
showing the repair of the defects disclosed by the inspection. The lects - 
rules and regulations hereinbefore provided for shall prescribe the 
time at which such reports shall be made. Whenever any district . Notice of defec- 
inspector shall, in the performance of his duty, find any locomotive tlve boilers, etc. 
boiler or apparatus pertaining thereto not conforming to the require¬ 
ments of the law or the rules and regulations established and approved 
as hereinbefore stated, he shall notify the carrier in writing that the 
locomotive is not in serviceable condition, and thereafter such boiler 
shall not be used until in serviceable condition: Provided, That a car- Proviso. 
rier, when notified by an inspector in writing that a locomotive boiler in ^PP^ ls 
is not in serviceable condition,. because of defects set out and de-q^P* 0 ' 1 ‘ ( 

scribed in said notice, may within five days after receiving said notice, 
appeal to the chief inspector by telegraph or by letter to have said 
boiler reexamined, and upon receipt of the appeal from the inspector’s 
decision, the chief inspector shall assign one of the assistant chief Reexamination, 
inspectors or any district inspector other than the one from whose 
decision the appeal is taken to reexamine and inspect said boiler 
within fifteen days from date of notice. If upon such reexamination Effect, 
the boiler is found in serviceable condition, the chief inspector shall 
immediately notify the carrier in writing, whereupon such boiler may 
be put into service without further delay; but if the reexamination of 
said boiler sustains the decision of the district inspector, the chief 
inspector shall at once notify the carrier owning or operating such 
locomotive that the appeal from the decision of the inspector is dis¬ 
missed, and upon the receipt of such notice the carrier may, w r ithin Appeals to Iu- 
thirty days, appeal to the Interstate Commerce Commission, and n ^ t ^ t f ag S imerce 
upon such appeal, and after hearing, said Commission shall have 
power to revise, modify, or set aside such action of the chief inspector F mal actlon - 


231 



REPORT OF THE COMMISSION. 


Repairing de¬ 
fects. 


Notice of defec¬ 
tive boilers, etc. 


Proviso. 


Appeals to chief 
inspector by car¬ 
rier. 


Reexamination. 


Effect. 


1 of the report of each inspection required by such rules and 

2 regulations, and shall also file with such inspector, under 

3 the oath of the proper officer or employee, a report showing 

4 the repair of the defects disclosed by the inspection. The 

5 rules and regulations hereinbefore provided for shall pre- 

6 scribe the time at which such reports shall be made. When- 

7 ever any district inspector shall, in the performance of his 

8 duty, find any locomotive boiler or apparatus pertaining 

9 thereto not conforming to the requirements of the law or the 

10 rules and regulations established and approved as hereinbe- 

11 fore stated, he shall notify the carrier in writing that the 

12 locomotive is not in serviceable condition, and thereafter 

13 such boiler shall not be used until in serviceable condition: 

14 Provided , That a carrier, when notified by an inspector in 

15 writing that a locomotive boiler is not in serviceable condi- 

16 tion, because of defects set out and described in said notice, 

17 may within five days after receiving said notice, appeal to 

18 the chief inspector by telegraph or by letter to have said 

19 boiler reexamined, and upon receipt of the appeal from the 

20 inspector’s decision, the chief inspector shall assign one of 

21 the assistant chief inspectors or any district inspector other 

22 than the one from whose decision the appeal is taken to 

23 reexamine and inspect said boiler within fifteen days from 

24 date of notice. If upon such reexamination the boiler is 


232 


EXISTING LAW. 


and declare that said locomotive is in serviceable condition and Inspector’s re¬ 
authorize the same to be operated: Provided further, That pending eff ® c ' 

either appeal the requirements of the inspector shall be effective. peals P6nC mg &P 


<38693 — U-30 



REPORT OF THE C03I3IISSI0V 


Appeals to In¬ 
terstate Commerce 
Commission. 


Final action. 


Inspector’s re¬ 
quirements effec¬ 
tive pending ap¬ 
peals. 


Annual report of 
chief inspector. 


Accidents from 
failure of boilers. 


1 found in serviceable condition, the chief inspector shall im- 

2 mediately notify the carrier in writing, whereupon such 

3 boiler may be put into service without further delay; but if 

4 the reexamination of said boiler sustains the decision of the 

5 district inspector, the chief inspector shall at once notify the 

6 carrier owning or operating such locomotive that the appeal 

7 from the decision of the inspector is dismissed, and upon the 

8 receipt of such notice the carrier may, within thirty days, 

9 appeal to the Interstate Commerce Commission, and upon 

10 Such appeal, and after hearing, said Commission shall have 

11 power to revise, modify, or set aside such action of the chief 

12 inspector and declare that said locomotive is in serviceable 

13 condition and authorize the same to be operated: Provided 

14 further, That pending either appeal the requirements of the 

15 inspector shall be effective. [17 Feb., 1911, 36 Stat. L., 

16 916, c. 103, s. 6.] 

17 Sec. 127. The chief inspector shall make an annual 

18 report to the Interstate Commerce Commission of the work 

19 done during the year, and shall make such recommendations 

20 for the betterment of the service as he may desire. [17 

21 Feb., 1911, 36 Stat. L., 916, c. 103, s. 7.] 

22 Sec. 128. In the case of accident resulting from 

23 failure from any cause of a locomotive boiler or its appur- 

24 tenances, resulting in serious injury or death to one or more 


234 


EXISTING LAW 







U Cl J i. j • j v 


J.il 


i' : - j . ■ i-- 

x.\ , I i > i ' < ■ ■ i 


SEC. 127. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 7. 

Sec. 7. That the chief inspector shall make an annual report to the Annual report of 
Interstate Commerce Commission of the work done during the year, chief inspector, 
and shall make such recommendations for the betterment of the 
service as he may desire. 


SEC. 128. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 8. 

Sec. 8. That in the case of accident resulting from failure from any , Accidents from 
cause of a locomotive boiler or its appurtenances, resulting in serious fallure of boilers, 
injury or death to one or more persons, a statement forthwith must 


235 





REPORT OF THE COMMISSION. 


Investigation. 


Disabled parts to 
be preserved. 


Detailed reports. 


Reports by In¬ 
terstate Commerce 
Commission of 
cause, etc.. 


1 persons, a statement forthwith must be made in writing of 

2 the fact of such accident, by the carrier owming or operating 

3 said locomotive, to the chief inspector. Whereupon the 

4 facts concerning such accident shall be investigated by the 

5 chief inspector or one of his assistants, or such inspector as 

6 the chief inspector may designate for that purpose. And 

7 where the locomotive is disabled to the extent that it can not 

8 be run by its own steam, the part or parts affected by the 

9 said accident shall be preserved by said carrier intact, so far 

10 as possible, without hindrance or interference to traffic until 

11 after said inspection. The chief inspector or an assistant 

12 or the designated inspector making the investigation shall 

13 examine or cause to be examined thoroughly the boiler or 

14 part affected, making full and detailed report of the cause of 

15 the accident to the chief inspector. [17 Feb., 1911, 36 Stat. 

16 L., 916, c. 103, s. 8.] 

17 Sec. 129. The Interstate Commerce Commission may 

18 at any time call upon the chief inspector for a report of any 

19 accident embraced in section one hundred and twenty- 

20 eight, and upon the receipt of said report, if it* deems 

21 it to the public interest, make reports of such investigations, 

22 stating the cause of accident, together with such reconi- 

23 mendalions.as .it deems proper. Such reports shall be made 

24 public in such manner as the commission deems proper. 


236 


EXISTING LAW. 


be made in writing of the fact of such accident, by the carrier owning 

or operating said locomotive, to the chief inspector. Whereupon the Investigation. 

facts concerning such accident shall be investigated by the chief 

inspector or one of his assistants, or such inspector as the chief 

inspector may designate for that purpose. And where the locomotive Disabled parts to 

is disabled to the extent that it can not be run by its own steam, the be preserved. 

part or parts affected by the said accident shall be preserved by said 

carrier intact, so far as possible, without hindrance or interference 

to traffic until after said inspection. The chief inspector or an assistant Detailed reports. 

or the designated inspector making the investigation shall examine 

or cause to be examined thoroughly the boiler or part affected, making 

full and detailed report of the cause of the accident to the chief 

inspector. * * * 




i‘- V 


SEC. 129. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, b. 8. 

Sec. 8. * * * 

The Interstate Commerce Commission may at any time call upon Reports by In- 
the chief inspector for a report of any accident embraced in this sec- of 

tion, and upon the receipt of said report, if it deems it to the public cause^ic. 81011 ° 
interest, make reports of such investigations, stating the cause of 
accident, together with such recommendations as it deems proper. 

Such reports shall be made public in such manner as the commission 
deems proper. Neither said report nor any report of said investiga- Reports, etc.,not 
tion nor any part thereof shall be admitted as evidence or used for adm ^ted in dam- 
any purpose in any suit or action for damages growing out of any age SUL ' 
matter mentioned in said report or investigation. 


237 


Reports, etc.,not 
admitted in dam¬ 
age suits. 


Penalty for vio¬ 
lations by carriers. 


Duty of district 
attorneys to bring 
suits. 


Information from 
chief inspector. 


Limit of appro¬ 
priations. 


REPORT OF THE COMMISSION. 

1 Neither said report nor any report of said investigation nor 

2 any part thereof shall be admitted as evidence or used for 

3 any purpose in any suit or Action for damages growing out 

4 of any matter mentioned in said report or investigation. [17 

5 Feb., 1911, 36 Stat. L., 916, c. 103, s. 8.] 

6 Sec. 130. Any common carrier violating the provi- 

7 sions of this chapter or any rule or regulation made there- 

8 under or any lawful order of any inspector shall be liable to 

9 a penalty of one hundred dollars for each and every such 

10 violation, to be recovered in a suit or suits to be brought by 

11 the United States attorney in the district court of the United 

12 States having jurisdiction in the locality where such viola- 

13 tion shall have been committed; and it shall be the duty of 

14 such attorneys, subject to the direction of the Attorney- 

15 General, to bring such suits upon duly verified information 

16 being lodged with them, respectively, of such violations 

17 having occurred; and it shall be the duty of the chief in- 

18 spector of locomotive boilers to give information to the proper 

19 United States attorney of all violations of this chapter coming 

20 to his knowledge. [17 Feb., 1911, 36 Stat. L., 916, c. 

21 103, s. 9.] 

22 Sec. 131. The total amounts directly appropriated to 

23 carry out the provisions of this chapter shall not exceed for 

24 any one fiscal year the sum of three hundred thousand dollars. 

25 [17 Feb., 1911, 36 Stat, L., 916, c. 103, s. 10.] 


238 



EXISTING LAW. 


SEC. 130. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 9. 

Sec. 9. That any common carrier violating this Act or any rule or Penalty for vio 
regulation made under its provisions or any lawful order of any Iations b y carriers 
inspector shall be liable to a penalty of one hundred dollars for each 
and every such violation, to be recovered in a suit or suits to be brought 
by the United States attorney in the district court of the United States 
having jurisdiction in the locality where such violation shall have been 
committed; and it shall be the duty of such attorneys, subject to the Duty of district 
direction of the Attorney-General, to bring such suits upon duly ^°™ eys t0 bnng 
verified information being lodged with them, respectively, of such ' U1 '' 
violations having occurred;' and it shall be the duty of the chief inspec- Information from 
tor of locomotive boilers to give information to the proper United chief inspector. 
States attorney of all violations of this Act coming to his knowledge. 


SEC. 131. 

CHAP. 103.—An Act To promote the safety of employees and travelers upon rail- Feb. 17, 1911, 36 
roads by compelling common carriers engaged in interstate commerce to equip their Stat. L., 913, 914, 
locomotives with safe and suitable boilers and appurtenances thereto. 915, 916, s. 10. 

Sec. 10. That the total amounts directly appropriated to carry Limit of appro- 
out the provisions of this Act shall not exceed for any one fiscal year Potions, 
the sum of three hundred thousand dollars. 

Approved, February 17, 1911. 


239 


REPORT OF THE COMMISSION. 


Chapter Five. 

CARE OF ANIMALS IN TRANSIT. 


Sec. I . Sec. 

132. Transportation of animals; time limit | 134. Penalty for neglect. 

upon continuous confinement. j 135. Penalties, how recovered; prosecutions. 

133. Animals to be fed and watered; lien. 


Transportation 
of animals; time 
limit for continu¬ 
ous confinement. 

U. S. v. Harris, 
177 U. S., 305; U. 
S. v. East Tennes¬ 
see, etc., R. Co., 
13 Fed. Rep., 642; 
U. S. v. Boston, 
etc., R. Co., 15 
Fed. Rep., 209; 
U. S. v. Louisville, 
etc., R. Co., 18 
Fed. Rep., 480; 
Missouri Pac. R. 
Co. v. Texas, etc., 
R. Co., 41 Fed. 
Rep., 913; New¬ 
port News, etc., 

R. Co. v. U. S., 
61 Fed. Rep., 488; 
Cotting v. Kansas 
City S. Y. Co., 82 
Fed. Rep., 839; U. 

S. v. St. Louis, etc., 
R. Co., 107 Fed. 
Rep., 870, 25 A. 
G. Op., 411. 


10 


11 

12 


13 

14 

15 

16 


17 


18 


Sec. 132. No railroad, express company, car company, 
common carrier other than by water, or the receiver, trustee, 
or lessee of any of them, whose road forms any part of a line 
of road over which cattle, sheep, swine, or other animals shall 
he conveyed from one State or Territory or the District of 
Columbia into or through another State or Territory or the 
District of Columbia, or the owners or masters of steam, sail¬ 
ing, or other vessels carrying or transporting cattle, sheep, 
swine, or other animals from one State or Territory or the 
District of Columbia into or through another State or Terri¬ 
tory or the District of Columbia, shall confine the same in cars, 
boats, or vessels of any description for a period longer than 
twenty-eight consecutive hours without unloading the same 
in a humane manner, into properly equipped pens for rest, 
water, and feeding, for a period of at least five consecutive 
hours, unless prevented by storm or by other accidental or 
unavoidable causes which can not he anticipated or avoided 
by the exercise of due diligence and foresight: Provided , That 


240 


EXISTING LAW. 


SEC. 132. 

CHAP. 3594.—An Act To prevent cruelty to animals while in transit by railroad or June 29, 1906, 
other means of transportation from one State or Territory or the District of Columbia 34 Stat. L., 607, 
into or through another State or Territory or the District of Columbia, and repealing 608, c. 3594, s. 1. 
sections forty-three hundred and eighty-six, forty-three hundred and eighty-seven, 
forty-three hundred and eighty-eight, forty-three hundred and eighty-nine, and 
forty-three hundred and ninety of the United States Revised Statutes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That no railroad, express Transportation of 
company, car company, common carrier other than by water, or the an ™^- j. ^ 
receiver, trustee, or lessee of any of them, whose road forms any part continuous con- 
of a line of road over which cattle, sheep, swine, or other animals finement on cars 
shall be conveyed from one State or Territory or the District of and vessels. 
Columbia into or through another State or Territory or the District 
of Columbia, or the owners or masters of steam, sailing, or other 
vessels carrying or transporting cattle, sheep, swine, or other animals 
from one State or Territory or the District of Columbia into or 
through another State or Territory or the District of Columbia, shall 
confine the same in cars, boats, or vessels of any description for a 
period longer than twenty eight consecutive hours without unloading 
the same in a humane manner, into properly equipped pens for rest, 
water, and feeding, for a period of at least five consecutive hours, unless 
prevented by storm or by other accidental or unavoidable causes which 
can not be anticipated or avoided by the exercise of due diligence and 
foresight: Provided, That upon the written request of the owner or Provisos. 
person in custody of that particular shipment, which written request t - u ^ e x n Written 
shall be separate and apart from any printed bill of lading, or other request.^ en 
railroad form, the time of confinement may be extended to thirty-six 
hours. In estimating such confinement, the time consumed in loading Time of unload- 
and unloading shall not be considered, but the tune during which the ing and loading 
animals have been confined without such rest or food or water on con- uot inclllded - 
necting roads shall be included, it being the intent of this Act to pro¬ 
hibit their continuous confinement beyond the period of twenty-eight 
hours, except upon the contingencies hereinbefore stated: Provided, 

That it shall not be required that sheep be unloaded in the nighttime, Sheep, 
but where the time expires in the nighttime in case of sheep the same 
may continue in transit to a suitable place for unloading, subject to 
the aforesaid limitation of thirty-six hours. 

Sec. 5. That sections forty-three hundred and eighty-six, forty- R. S., sec. 4386- 
three hundred and eighty-seven, forty-three hundred and eighty-eight, repealed" 8 8 849 ’ 
forty-three hundred and eighty-nine, and forty-three hundred and 
ninety of the Revised Statutes of the United States be, and the same 
are hereby, repealed. 

Approved, June 29, 1906. 


68693—14-31 241 





REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 
17 

Animals to be i o 
ed and watered; 
lien. 

19 

20 
21 
22 

23 

24 


upon the written request of the owner or person in custody 
of that particular shipment, which written request shall be 
separate and apart from any printed bill of lading, or other 
railroad form, the time of confinement may be extended to 
thirty-six hours. In estimating such confinement, the time 
consumed in loading and unloading shall not be considered, 
but the time during which the animals have been confined 
without such rest or food or water on connecting roads shall 
be included, it being the intent of this chapter to prohibit 
their continuous confinement beyond the period of twenty- 
eight hours, except upon the contingencies hereinbefore 
stated: Provided , That it shall not be required that sheep be 
unloaded in the nighttime, but where the time expires in 
the nighttime in case of sheep the same may continue in 
transit to a suitable place for unloading, subject to the afore¬ 
said limitation of thirty-six hours. [29 June, 1906, 34 Stat. 
L., 607, c. 3594, s. 1.] 

Sec. 133. Animals so unloaded shall be properly fed 
and watered during such rest either by the owner or person 
having the custody thereof, or in case of his default in so doing, 
then by the railroad, express company, car company, common 
carrier other than by water, or the receiver, trustee, or lessee 
of any of them, or by the owners or masters of boats or vessels 
transporting the same, at the reasonable expense of the owner 


242 


EXISTING LAW. 


SEC. 133. 

CHAP. 3594.—An Act To prevent cruelty to animals while in transit by railroad or 
other means of transportation from one State or Territory or the District of Columbia 
into or through another State or Territory or the District of Columbia, and repealing 
sections forty-three hundred and eighty-six, forty-three hundred and eighty-seven, 
forty-three hundred and eighty-eight, forty-three hundred and eighty-nine, and 
forty-three hundred and ninety of the "United States Revised Statutes. 

Sec. 2. That animals so unloaded shall be properly fed and watered 
during such rest either by the owner or person having the custody 
thereof, or in case of his default in so doing, then by the railroad, 
express company, car company, common carrier other than by water, 
or the receiver, trustee, or lessee of any of them, or by the owners or 
masters of boats or vessels transporting the same, at the reasonable 
expense of the owner or person in custody thereof, and such railroad, 
express company, car company, common carrier other than by water, 
receiver, trustee, or lessee of any of them, owners or masters, shall in 
such case have a lien upon such animals for food, care, and custody 
furnished, collectible at their destination in the same manner as the 
transportation charges are collected, and shall not be liable for any 

243 


June 29, 1906, 
34 Stat. L., 607, 
608, c. 3594, s. 2. 


Feeding animals 
at expense of 
owner. 


Lien upon ani¬ 
mals for cost. 




REPORT OF THE COMMISSION. 


Penalty for neg¬ 
lect. 

U. S. v. Boston 
R. Co., 15 Fed. 
Rep., 209; U. S. v. 
St. Louis, etc., R. 
Co., 107 Fed. Rep., 
870. 


1 or person in custody thereof; and such railroad, express coin- 

2 pany, car company, common carrier other than by water, 

3 receiver, trustee, or lessee of any of them, owners or masters, 

4 shall in such case have a lien upon such animals for food, care, 

5 and custody furnished, collectible at their destination in the 

6 same manner as the transportation charges are collected, and 

7 shall not be liable for any detention of such animals, when 

8 such detention is of reasonable duration, to enable compliance 

9 with the section last 'preceding; hut nothing in this section 

10 shall he construed to prevent the owner or shipper of animals 

11 from furnishing food therefor, if he so desires. [29 June, 

12 1906, 34 Stat. L., 608, c. 3594, s. 2.] 

13 Sec. 134. Any railroad, express company, car company, 

14 common carrier other than by water, or the receiver, trustee, 

15 or lessee of any of them, or the master or owner of any steam, 

16 sailing, or other vessel who knowingly and willfully fails to 

17 comply with the provisions of the two sections last preceding 

18 shall for every such failure be liable for and forfeit and pay a 

19 penalty of not less than one hundred nor more than five hun- 

20 dred dollars : Provided , That when animals are carried in cars, 

21 boats, or other vessels in which they can and do have proper 

22 food, water, space, and opportunity to rest the provisions in 

23 regard to their being unloaded shall not apply. [29 June, 

24 1906, 34 Stat. L., 608, c. 3594, s. 3.] 

244 




EXISTING LAW. 


detention of such animals, when such detention is of reasonable dura¬ 
tion, to enable compliance with section one of this Act; but nothing in Owner may fur- 
this section shall be construed to prevent the owner or shipper of ani- f° 0< b 
mals from furnishing food therefor, if he so desires. 

Sec. 5. That sections forty three hundred and eighty-six, forty- R. S., secs. 4386- 
three hundred and eighty seven, forty-three hundred and eighty eight, ^ealec? 848-849, 
forty-three hundred and eighty-nine, and forty-three hundred ana ep(ae 
ninety of the Revised Statutes of the United States be, and the same 
are hereby, repealed. 

Approved, June 29, 1906. 



SEC. 134. 

CHAP. 3594.—An Act To prevent cruelty to animals while in transit by railroad or June 29, 1906, 
other means of transportation from one State or Territory or the District of Columbia 34 Stat. L., 607, 
into or through another State or Territory or the District of Columbia, and repealing 608, c. 3594, s. 3. 
sections forty-three hundred and eighty-six, forty-three hundred and eighty-seven, 
forty-three hundred and eighty-eight, forty-three hundred and eighty-nine, and 
forty-three hundred and ninety of the United States Revised Statutes. 


Sec. 3. That any railroad, express company, car company, common 
carrier other than by water, or the receiver, trustee, or lessee of any 
of them, or the master or owner of any steam, sailing, or other ves¬ 
sel who knowingly and willfully fails to comply with the provisions of 
the two preceding sections shall for every such failure be liable for 
and forfeit and pay a penalty of not less than one hundred nor more 
than five hundred dollars: Provided, That when animals are carried 
in cars, boats, or other vessels in which they can and do have proper 
food, water, space, and opportunity to rest the provisions in regard 
to their being unloaded shall not apply. 

Sec. 5. That sections forty-three hundred and eighty-six, forty- 
three hundred and eighty-seven, forty-three hundred and eighty-eight, 
forty-three hundred and eightv-nine, and forty-three hundred and 
ninety of the Revised Statutes of the United States be, and the same 
are hereby, repealed. 

Approved, June 29, 1906. 


Penalty for non- 
compliance. 


Proviso. 

Exception. 


R. S., secs. 4386- 
4390, pp. 848-849, 
repealed. 


/ 


245 




REPORT OF THE COMMISSION. 


Penalties, how ^ 
recovered; prose¬ 
cutions. 

2 

B 

4 

5 

6 

7 

8 
9 


Sec. 135. The penalty created by the section last pre¬ 
ceding shall be recovered by civil action in the name of the 
United States in the district court of the district where the 
violation may have been committed or the person or corpora¬ 
tion resides or carries on business. It shall be the duty of 
United States attorneys to prosecute all violations of this 
chapter reported by the Secretary of Agriculture, or which by 
other means come to their notice or knowledge. [29 June, 
1906, 34 Stat. L., 608, c. 3594, s. 4.] 


> 


246 


EXISTING LAW. 


SEC. 135. 

CHAP. 3594.—An Act To prevent cruelty to animals while in transit by railroad or June 29, 1906, 
other means of transportation from one State or Territory or the District of Columbia 34 Stat. L., 607, 
into or through another State or Territory or the District of Columbia, and repealing 608, c. 3594, s. 4. 
sections forty-three hundred and eighty-six, forty-three hundred and eighty-seven, 
forty-three hundred and eighty-eight, forty-three hundred and eighty-nine, and 
forty-three hundred and ninety of the United States Revised Statutes. 

Sec. 4. That the penalty created by the preceding section shall be Prosecutions, 
recovered by civil action in the name of the United States in the circuit 
or district court holden within the district where the violation may 
have been committed or the person or corporation resides or carries 
on business; and it shall be the duty of United States attorneys to 
prosecute all violations of this Act reported by the Secretary of Agri¬ 
culture, or which come to their notice or knowledge by other means. 

Sec. 5. That sections forty-three hundred and eighth-six, forty- K. S., secs. 4386- 
three hundred and eighty-seven, forty-three hundred and eighty-eight, jUj*- 848_849 > 
forty-three hundred and eighty-nine, and forty-three hundred and r pea e 
ninety of the Revised Statutes of the United States be, and the same 
are hereby, repealed. 

Approved, June 29, 1906. 


247 


REPORT OF THE COMMISSION. 


Chapter Six. 


LIABILITY FOR INJURIES TO EMPLOYEES. 


Sec. 

136. Railroad common carriers; liability for 

injuries to employees for negligence, 
etc. 

137. Damages for injuries, etc., to employees 

in Territories, etc. 

138. Contributory negligence no bar to recov¬ 

ery; risks of employment not assumed, 
etc. 


Sec. 

139. Liability of carrier not to be evaded by 

contract; the term “common carrier” 
defined. 

140. Survival of action in case of death. 

141. Where suits may be brought; time in 

which may be brought; not removable 
to federal court; safety-appliance laws 
not affected, etc. 


Railroad com- 1 Sec. 136. Every common carrier by railroad while 

mon carriers; lia¬ 
bility for injuries 

to employees for 2 engaging in commerce between any of the several States or 

negligence, etc. ° ° ° 


3 Territories, or between any of the States and Territories, or 


4 between the District of Colmnbia and any of the States or 


5 Territories, or between the District of Columbia or any of the 


6 States or Territories and any foreign nation or nations, shall 


7 be liable in damages to any person suffering injury while he is 


8 employed by such carrier in such commerce, or, in case of the 

9 death of such employee, to his or her personal representative, 


10 for the benefit of the surviving widow or husband and children 

11 of such employee; and, if none, then of such employee’s 

12 parents; and, if none, then of the next of kin dependent upon 


13 such employee, for such injury or death resulting in whole or 

14 in part from the negligence of any of the officers, agents, or 


15 employees of such carrier, or by reason of any defect or 

16 insufficiency, due to its negligence, in its cars, engines, 

17 appliances, machinery, track, roadbed; works, boats, wharves, 


248 



EXISTING LAW. 


SEC. 136. 

CHAP. 149.—An Act Relating to tlie liability of common carriers by railroad to their Apr. 22, 1908, 35 
employees in certain cases. Stat. L., 65, 66, c. 

149, s. 1. 

Be it enacted by the Senate and House of Representatives of the United N 
States of America in Congress assembled, That every common carrier Railroad com- 
by railroad while engaging in commerce between any of the several m °n carriers. 
States or Territories, or between any of the States and Territories, or jn^^s^etc^ f fo 
between the District of Columbia and any of the States or Territories, employees 6 C from 
or between the District of Columbia or any of the States or Territo- negligence, 
ries and any foreign nation or nations, shall be liable in damages to any 
person suffering injury while he is employed by such carrier in such 
commerce, or, in case of the death of such employee, to his or her 

E ersonal representative, for the benefit of the surviving widow or 
usband and children of such employee; and, if none, then of such 
employee’s parents; and, if none, then of the next of kin dependent 
upon such employee, for such injury or death resulting in whole or 
in part from the negligence of any of the officers, agents, or employees 
of such carrier, or by reason of any defect or insufficiency, due to its 
negligence, in its cars, engines, appliances, machinery, track, roadbed, 
works, boats wharves, or other equipment. 



68693—1 


32 


249 


1 

2 

Damages for in- 9 
juries, etc., to em¬ 
ployees in Terri¬ 
tories, etc. ^ 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

Contri butory IQ 
negligence no bar 
to recovery; risks 
of employment not 
assumed, etc. ^ 

21 

22 

23 

24 


REPORT OF THE C03IMISSI0N. 

or other equipment. [22 Apr., 1908, 35 Stat. L., 65, c. 149, 
s. 1.] 

Sec. 137. Every common carrier by railroad in the 
Territories, the District of Columbia, the Panama Canal Zone, 
or other possessions of the United States shall be liable in 
damages to any person suffering injury while he is employed 
by such carrier in any of said jurisdictions, or, in case of the 
death of such employee, to his or her personal representative, 
for the benefit of the surviving widow or husband and 
children of such employee; and, if none, then of such em¬ 
ployee’s parents; and, ifnone, then of the next of kin dependent 
upon such employee, for such injury or death resulting in 
whole or in part from the negligence of any of the officers, 
agents, or employees of such carrier, or by reason of any defect 
or insufficiency, due to its negligence, in its cars, engines, 
appliances, machinery, track, roadbed, works, boats, wharves, 
or other equipment. [22 Apr., 1908, 35 Stat. L., 65, c. 
149, s. 2.] 

Sec. 138. In all actions brought against any such com¬ 
mon carrier by railroad under or by virtue of any provision of 
this chapter to recover damages for personal injuries to, or for 
the death of, any of its employees, the fact that the employee 
may have been guilty of contributory negligence shall not bar 
a recovery, but the damages shall be diminished by the jury in 


250 


EXISTING LAW. 


SEC. 137. 

CHAP. 149.—An Act Relating to the liability of common carriers by railroad to their Apr. 22, 1908, 35 
employees in certain cases. Stat. L., 65, 66, c. 

149, s. 2. 

Sec. 2. That every common carrier by railroad in the Territories, . Damages for in- 
the District of Columbia, the Panama Canal Zone, or other possessions U rie . s > etc > in Ter ' 
of the United States shall be liable in damages to any person n ones ’ e c ' 
suffering injury while he is employed by such carrier in any of said 
jurisdictions, or, in case of the death of such employee, to his or her 
personal representative, for the benefit of the surviving widow or 
husband and children of such employee; and, if none, then of such 
employee’s parents; and, if none, then of the next of kin dependent 
upon such employee, for such injury or death resulting in whole or in Negligence of of- 
part from the negligence of any of the officers, agents, or employees ficers > etc - 
of such carrier, or by reason of any defect or insufficiency, due to its 
negligence, in its cars, engines, appliances, machinery, track, roadbed, 
works, boats, wharves, or other equipment. 




SEC. 138. 

CHAP. 149.—An Act Relating to the liability of common carriers by railroad to their Apr.22, 1908, 35 
employees in certain cases. Stat. L., 65, 66, c. 

149, ss. 3, 4. 

Sec. 3 . That in all actions hereafter brought against any such com- Cont r i b u t o r y 
mon carrier by railroad under or by virtue of any of the provisions of bar^to 

this Act to recover damages for personal injuries to an employee, or recovery, 
where such injuries have resulted in his death, the fact that the employee 
may have been guilty of contributory negligence shall not bar a recov¬ 
ery, but the damages shall be diminished by the jury in proportion to Diminished 
the amount of negligence attributable to such employee: Provided, proviso 
That no such employee who may be injured or killed shall be held to Exception, 
have been guilty of contributory negligence in any case where the vio¬ 
lation by such common carrier of any statute enacted for the safety 
of employees contributed to the injury or death of such employee. 




251 


REPORT OF THE COMMISSION. 


1 proportion to the amount of negligence attributable to such 

2 employee: Provided , That no such employee who may be 

3 injured or killed shall be held to have been guilty of contribu- 

4 tory. negligence, or to have assumed the risks of his employ- 

5 ment, in any case where the violation by such common carrier 

6 of any statute enacted for the safety of employees contributed 

7 to the injury or death of such employee. [22 Apr., 1908, 

8 35 Stat. L., 66, c. 149, ss. 3, 4.] 

ne^ ia not 7 ti Te 9 Sec. 139. Any contract, rule, regulation, or device 

evaded by con- 

^•common^arrie?’ 10 whatsoever, the purpose or intent of which shall be to enable 

defined. 

11 any common carrier to exempt itself from any liability created 

12 by this chapter , shall to that extent be void: Provided , That 

13 in any action brought against any such common carrier under 

14 or by virtue of any provision of this chapter , such common 

15 carrier may set off therein any sum it has contributed or paid 

16 to any insurance, relief benefit, or indemnity that may have 

17 been paid to the injured employee or the person entitled 

18 thereto on account of the injury or death for which said action 

19 was brought: Provided further , That the term “common 

20 carrier” as used in this chapter shall include the receiver, or 

21 other person, or corporation charged with the duty of the man- 

22 agement and operation of the business of a common carrier. 

23 [22 Apr., 1908, 35 Stat. L., 66, c. 149, ss. 5, 7.] 


252 


EXISTING LAW. 


Sec. 4. Tliat in any action brought against any common carrier Employment, 
under or by virtue of any of the provisions of this Act to recover r! sks I10t filmed 
damages for injuries to, or the death of, any of its employees, such | )la ^ as een A1 ' 
employee shall not be held to have assumed the risks of his employ¬ 
ment in any case where the violation by such common carrier oi any 
statute enacted for the safety of employees contributed to the injury 
or death of such employee. 


SEC. 139. 

CHAP. 149.—An Act Relating to the liability of common carriers by railroad to their Apr. 22,1908, 35 
employees in certain cases. Stat. L., 65, 66, c. 

149, ss. 5, 7. 

Sec. 5. That any contract, rule, regulation, or device whatsoever, Attempts to 
the purpose or intent of which shall be to enable any common carrier eva< * e lial)llit y py 
to exempt itself from any liability created by this Act, shall to that con raf ,e C ' ,V0K ' 
extent be void: Provided , That in any action brought against any Proviso. 
such common carrier under or by virtue of any of the provisions of b C0D e ^' 

this Act, such common carrier may set off therein any sum it has con- payers to 4>e Tie- 
tributed or paid to any insurance, relief benefit, or indemnity that ducted, 
may have been paid to the injured employee or the person entitled 
thereto on account of the injury or death for which said action was 
brought. 

Sec. 7. That the term “common carrier” as used in this Act shall. Receivers, etc., 
include the receiver or receivers or other persons or corporations jn clu ded in term 
charged with the duty of the management and operation of the busi- ers >> 
ness of a common carrier. 


l__ 


253 


REPORT OF THE COMMISSION. 


Survival of ac- 1 
tion in case of 
death. 

2 

3 

4 

5 

6 

7 

8 

Where suits may q 

be brought; time ■ 
in which may be 
brought; not re- ^ 
movable to federal 10 
court; safety-appli¬ 
ance laws not af¬ 
fected, etc. 1 1 

12 

13 

14 

15 

16 

17 

18 

19 

20 


21 


22 


Sec. 140. Any right of action given by this chapter 
to a person suffering injury shall survive to his or her personal 
representative, for the benefit of the surviving widow or 
husband and children of such employee, and, if none, then 
of such employee’s parents; and, if none, then of the next 
of kin dependent upon such employee, but in such cases 
there shall be only one recovery for the same injury. [5 
Apr., 1910, 36 Stat. L., 291, c. 143, s. 2.] 

Sec. 141. Suits arising under this chapter may be 
brought in the district of the residence of the defendant, or 
in which the cause of action arose, or in which the defend¬ 
ant shall be doing business at the time of commencing such 
action; but no suit shall be maintained under this chapter 
unless commenced within two years from the day the cause 
of action accrued. The jurisdiction of the courts of the 
United States under this chapter shall be concurrent with 
that of the courts of the several States; and no case arising 
here under, brought in any State court of competent jurisdic¬ 
tion shall be removed to any court of the United States. 
Nothing in this chapter shall be held to limit the duty or 
liability of common carriers or to impair the rights of their 
employees under chapter three of this Act. [22 Apr., 1908, 


23 35 Stat. L., 66, c. 149, ss. 6, 8. 5 Apr., 1910, 36 Stat. L., 

24 291, c. 143, s. 1.] 


254 


EXISTING LAW. 


SEC. 140. 

CHAP. 143.—An Act To amend an Act entitled “An Act relating to the liability of Apr. 5, 1910, 36 
common carriers by railroad to their employees in certain cases,” approved April Stat. L., 291, c. 
twenty-second, nineteen hundred and eight. 143, s. 2. 

Sec. 2. That said Act be further amended by adding the following 
section as section nine of said Act: 

“Sec. 9. That any right of action given by this Act to a person Survival of ac- 
suffering injury shall survive to his or her personal representative, t 1 ion3 . in case of 
for the benefit of the surviving widow or husband and children of < ea 
such employee, and, if none, then of such employee’s parents; and, if 
none, then of the next of kin dependent upon such employee, but in 
such cases there shall be only one recovery for the same injury.” 

Approved, April 5, 1910. 


SEC. 141. 

CHAP. 149.—An Act Relating to the liability of common carriers by railroad to their Apr. 22,1908, 35 
employees in certain cases. Stat. L., 65, 66, c. 

149, ss. 6, 8. 

Sec. 6. That no action shall be maintained under this Act unless Time limit for 
commenced within two years from the day the cause of action accrued. actl0ns - 

Sec. 8. That nothing in this Act shall be held to limit the duty or Prior laws not 
liability of common carriers or to impair the rights of their employees aftected - 
under any other Act or Acts of Congress, or to affect the prosecution 
of any pending proceeding or right of action under the Act of Con- Vo1 - 34 > P- 232 - 
gress entitled “An Act relating to liability of common carriers in the 
District of Columbia and Territories, and to common carriers engaged 
in commerce between the States and between the States and foreign 
nations to their employees,” approved June eleventh, nineteen hun¬ 
dred and six. 

Approved, April 22, 1908. 


SEC. 141. 

CHAP. 143.—An Act To amend an Act entitled “An Act relating to the liability of Apr. 5, 1910, 36 
common carriers by railroad to their employees in certain cases,” approved April Stat. L., 291, c. 
twenty-second, nineteen hundred and eight. 143. 

[H. R. 1 7263.] 
Public, No. 117. 

Be it ena cted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That an Act entitled “An Liability of rail- 
Act relating to the liability of common carriers by railroad to their r ? ad ^em^o car " 
employees in certain cases,” approved April twenty-second, nineteen ne ” 0 i° 
hundred and eight, be amended in section six so that said section amended. ’ 
shall read: Yol. 34, p. 232. 

“Sec. 6. That no action shall be maintained under this Act unless . Time limit of ac- 
commenced within two years from the day the cause of action accrued. tlons - 

“Under this Act an action may be brought in a circuit court of the Jurisdiction. 
United States, in the district of the residence of the defendant, or in 
which the cause of action arose, or in which the defendant shall be 
doing business at the time of commencing such action. The jurisdic- . Concurrent juris- 
tion of the courts of the United States under this Act shall be con- of fctate 

current with that of the courts of the several States, and no case 
arising under this Act and brought in any state court of competent 
jurisdiction shall be removed to any court of the United States.” 


SEC. 141. 

Note. —The following Act is inserted on existing law side for refer¬ 
ence only. The Act of April 5, 1910, 36 Stat. L., 291, supersedes the 
Act of June 11, 1906, in its entirety, although it does not expressly 
repeal said Act of June 11, 1906. 


255 




REPORT OF THE COMMISSION. 


256 


EXISTING LAW. 


CHAP. 3073.—An Act Relating to liability of common carriers in the District of June 11,1906, 34 

Columbia and Territories and common carriers engaged in commerce between the Stat. L., 232. 

States and between the States and foreign nations to their employees. ——-- 

[Public, No 219.] 

Be it enacted by th e Senate and House of Representatives of the United 
States of America in Congress assembled , That every common carrier Common car- 
engaged in trade or commerce in the District of Columbia, or in anyriers. 

Territory of the United States, or between the several States, or. Liability of, for 
between any Territory and another, or between any Territory or empWees 6 ^ ’ t0 
Territories and any State or States, or the District of Columbia, or ’ 

with foreign nations, or between the District of Columbia and any 
State or States or foreign nations, shall be liable to any of its employ¬ 
ees, or, in the case of his death, to his personal representative for the 
benefit of his widow and children, if any, if none, then for his parents, 
if none, then for his next of kin dependent upon him, for all damages, 
which may result from the negligence of any of its officers, agents, or 
employees, or by reason of any defect or insufficiency due to its 
negligence in its cars, engines, appliances, machinery, track, roadbed, 
ways, or works. 

Sec. 2. That in all actions hereafter brought against any common Damages, 
carriers to recover damages for personal injuries to an employee, or 
where such injuries have resulted in his death, the fact that the em- Contributory 
plovee may have been guilty of contributory neghgence shall not bar negligence no bar 
a recovery where his contributory negligence was slight and that of fhe to recover y- 
employer was gross in comparison, but the damages shall be diminished 
by the jury in proportion to the amount of negligence attributable to j ury to decide 
such employee. All questions of negligence and contributory negli- degree of negli¬ 
gence shall be for the jury. gence. 

Sec. 3. That no contract of empkiyment, insurance, relief benefit, Insurance, etc., 
or indemnity for injury or death entered into by or on behalf of an y {ensuin’suits for 
employee, nor the acceptance of any such insurance, relief benefit, or damages. h & 01 
indemnity by the person entitled thereto, shall constitute any bar or 
defense to any action brought to recover damages for personal injuries 
to or death of such employee: Provided, however, That upon the trial Proviso. 
of such action against any common carrier the defendant may set off Certain contri- 
therein any sum it has contributed toward any such insurance, relief t( /j, e ‘ 

benefit, or indemnity that may have been paid to the injured employee ducted. ° C * 
or, in case of his death, to his personal representative. 

Sec. 4. That no action shall be maintained under this Act, unless Time limit for 
commenced within one year from the time the cause of action action, 
accrued. 

Sec. 5. That nothing in this Act shall be held to limit the duty of Prior laws not 
common carriers by railroads or impair the rights of their employees aff e f ted._ 
under the safety-appliance Act of March second, eighteen hundred and y°J‘ P- • 
ninety-three, as amended April first, eighteen hundred and ninety-six, vol! 32,’ p. 943. 
and March second, nineteen hundred and three. 

Approved, June 11, 1906. 


08093—14-33 


257 



REPORT OF THE COMMISSION. 


Chapter Seven. 

ARBITRATION BETWEEN CARRIERS AND EMPLOYEES. 


Sec. 

142. Arbitration of controversies with rail¬ 

way employees. 

143. Definitions; railroad and transportation 

construed. 

144. Employees affected; not applicable to 

street railroads. 

145. Use of terms; employer; employees. 

146. Board of mediation and conciliation; 

controversies may be submitted to. 

147. Proffer of services in urgent cases. 

148. Opinions as to agreement. 

149. Boards of arbitration authorized; to con¬ 

sist of three or six persons. 

150. Requirements of agreement to arbitrate; 

execution of warrant; action by dis¬ 
trict court, etc. 

151. Authority of arbitrators to secure testi¬ 

mony, etc. 

152. Acknowledgment and filing of agree¬ 

ment. 

153. Notification to arbitrators. 

154. Selection to complete board. 


Sec. 

155. Reconvening of board. 

156. Organization of board; proceedings, etc. 

157. Disposition of papers in former cases. 

158. Action in district court; disposition of 

exceptions on questions of law. 

159. Appeals to circuit court of appeals; re¬ 

stricted to questions of law. 

160. Finality of judgment. 

161. Judgment by agreement. 

162. No compulsory labor. 

163. Rights of employees under Federal 

court receivers; restriction on reducing 
wages. 

164. Pay, etc., of members of boards. 

165. Commissioner of mediation and concilia¬ 

tion; appointment, pay, and terms; 
other members to constitute board. 

166. Assistant commissioner; appointment 

and pay; duties and authority. 

167. Former Act repealed; pending agree¬ 

ments, etc., continued. 


Arbitration of ^ 

controversies with 
railway employees. 
Carriers affected. tv 

Shipping ex- “ 

eluded. 

3 


4 


6 


7 


8 


9 


10 


11 


Sec. 142. The provisions of this chapter shall apply 
to any common carrier or carriers and their officers, agents, 
and employees, except masters of vessels and seamen, as de¬ 
fined in section forty-six hundred and twelve, Kevised Stat¬ 
utes of the United States, engaged in the transportation of 
passengers or property wholly by railroad, or partly by rail¬ 
road and partly by water, for a continuous carriage or ship¬ 
ment from one State or Territory of the United States or the 
District of Columbia to any other State or Territory of the 
United States or District of Columbia, or from any place in 
the United States to an adjacent foreign country, or from any 


258 



EXISTING LAW. 



SEC. 142. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in controver¬ 
sies between certain employers and their employees. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the provisions of this 
Act shall apply to any common carrier or carriers and their officers, 
agents, and employees, except masters of vessels and seamen, as 
defined in section forty-six hundred and twelve. Revised Statutes of 
the United States, engaged in the transportation of passengers or 
property wholly by railroad, or partly by railroad and partly by water, 
for a continuous carriage or shipment from one State or Territory of 
the United States or the District of Columbia to any other State or 
Territory of the United States or the District of Columbia, or from 
any place in the United States to an adjacent foreign country, or from 
any place m the United States through a foreign country to any other 
place in the United States. 


July 15, 1913, 38 

Stat. L., 103 to 

108, s. 1. 

Arbitration of 
controversies with 
railway employees. 

Carriers affected. 

Shipping ex¬ 
cluded. 

R. S., sec. 4612, 
p. 894. 

Vol. 30, p. 424. 


REPORT OF THE COMMISSION. 


1 

2 

3 

“Railroad” and 4 
“transportation” 
construed. 

5 

6 

7 

8 
9 

10 


Employees af- 11 
fected. 

12 

18 

14 

15 

Proviso. 16 

Not applicable 
to street railroads. 

17 

18 

Responsibility of 19 
carriers includes 
leased cars. 

20 

21 

22 

23 

24 


place in the United States through a foreign country to any 
other place in the United States. [15 July, 1913, 38 Stat. 
L., 103, 104, c. 6, s. 1.] 

Sec. 143. The term “railroad” as used in this chapter 
shall include all bridges and ferries used or operated in con¬ 
nection with any railroad, and also all the road in use by any 
corporation operating a railroad, whether owned or oper¬ 
ated under a contract, agreement, or lease; and the term 
“transportation” shall include all instrumentalities of ship¬ 
ment or carriage. [15 July, 1913, 38 Stat. L., 104, c. 6, s. 1.] 

Sec. 144. The term “employees” as used in this 
chapter shall include all persons actually engaged in any 
capacity in train operation or train service of any description, 
and notwithstanding that the cars upon or in which they are 
employed may be held and operated by the carrier under lease 
or other contract: Provided , hoivever, That this chapter shall 
not he held to apply to employees of street railroads and shall 
apply only to employees engaged in railroad train service. 
In every such case the carrier shall be responsible for the 
acts and defaults of such employees in the same manner and 
to the same extent as if said cars were owned by it and said 
employees directly employed by it, and any provisions to the 
contrary of any such lease or other contract shall be binding 
only as between the parties thereto and shall not affect the 


260 


EXISTING LAW. 


SEC. 143. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 1. * * * 

The term “ railroad’’ as used in this Act shall include all bridges 
and ferries used or operated in connection with any railroad, and also 
all the road in use by any corporation opera ting a railroad, whether 
owned or operated under a contract, agreement, or lease; and the term 
“ transportation’’ shall include all instrumentalities of shipment or 
carriage. 


SEC. 144. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 1. * * * 

The term “ employees’’ as used in this Act shall include all persons 
actually engaged in any capacity in train operation or train service 
of any description, and notwithstanding that the cars upon or in which 
they are employed may be held and operated by the carrier under 
lease or other contract: Provided, however, That this Act shall not be 
held to apply to employees of street railroads and shall apply onl) r to 
employees engaged in railroad train service. In every such case the 
carrier shall be responsible for the acts and defaults of such employees 
in the same manner and to the same extent as if said cars were owned 
by it and said employees directly employed by it, and any provisions 
to the contrary of any such lease or other contract shall be binding 
only as between the parties thereto and shall not affect the obligations 
of said carrier either to the public or to the private parties concerned. 


July 15, 1913, 38 
Stat. L., 103-108, 
8 . 1 . 


“Railroad” and 
“transportation” 
construed. 


July 15, 1913, 38 
Stat. L., 103-108, 
a. 1. 


Employees af¬ 
fected. 


Proviso. 

Not applicable 
to street railroads. 

Responsibility of 
carriers includes 
leased cars. 


261 


REPORT OF THE COMMISSION. 


Use of terms. 


Board of Media 
tion and Concilia¬ 
tion. 

Controversies be 
tween employers 
and employees 
may be submitted 
to. 


Arbitration if ef¬ 
forts unsuccessful. 


1 obligations of said carrier either to the public or to the private 

2 parties concerned. [15 July, 1913, 38 Stat. L., 104, c. 6, s. 1.] 

3 Sec. 145. A common carrier subject to the provisions 

4 of this chapter is hereinafter referred to as an “employer,” 

5 and the employees of one or more of such carriers are herein- 

6 after referred to as “ employees/’ [15 July, 1913, 38 Stat. 

7 L., 104, c. 6, s. 1.] 

8 Sec. 146. Whenever a controversy concerning wages, 

9 hours of labor, or conditions of employment shall arise between 

10 an employer or employers and employees subject to this 

11 chapter interrupting or threatening to interrupt the business 

12 of said employer or employers to the serious detriment of the 

13 public interest, either party to such controversy may apply 

14 to the Board of Mediation and Conciliation created by this 

15 chapter and invoke its services for the purpose of bringing 

16 about an amicable adjustment of the controversy; and upon 

17 the request of either party the said board shall with all prac- 

18 ticable expedition put itself in communication with the parties 

19 to such controversy and shall use its best efforts, by mediation 

20 and conciliation, to bring them to an agreement; and if such 

21 efforts to bring about an amicable adjustment through media- 

22 tion and conciliation shall be unsuccessful, the said board shall 

23 at once endeavor to induce the parties to submit their contro- 

24 versy to arbitration in accordance with the provisions of this 

25 chapter. [15 July, 1913, 38 Stat. L., 104, c. 6, s. 2.] 


262 


EXISTING LAW. 


SEC. 145. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. -L., 103-108, 

s. 1. 

Sec. 1. * * * 

A common carrier subject to the provisions of this Act is hereinafter Use of terms, 
referred to as an “ employer,” and the employees of one or more of such 
carriers are hereinafter referred to as “employees.” 


SEC. 146. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 2. 

Sec. 2. That whenever a controversy concerning wages, hours of Board of Media- 
labor, or conditions of employment shall arise between an employer and ( -'onciha- 
or employers and employees subject to this Act interrupting or threat- Controversies be- 
ening to interrupt the business of said employer or employers to the tween employers 
serious detriment of the public interest, either party to such contro-and employees 
versy may apply to the Board of Mediation and Conciliation created be submitted 
by this Act and invoke its services for the purpose of bringing about 
an amicable adjustment of the controversy; and upon the request of 
either party the said board shall with all practicable expedition put 
itself in communication with the parties to such controversy and shall 
use its best efforts, bv mediation and conciliation, to bring them to an 
agreement; and if such efforts to bring about an amicable adjustment . Arbitration if ef- 
through mediation and conciliation shall be unsuccessful, the said lorts unsuccessful - 
board shall at once endeavor to induce the parties to submit their 
controversy to arbitration in accordance with the provisions of 
this Act. 



263 






Proffer of services 
in urgent cases. 


Opinions as to 
agreements. 


Boards of arbi¬ 
tration authorized. 


Selection. 

Of three mem¬ 
bers. 


REPORT OF THE COMMISSION. 

1 Sec. 147. In any case in which an interruption of 

2 traffic is imminent and fraught with, serious detriment to the 

3 public interest, the Board of Mediation and Conciliation may, 

4 if in its judgment such action seem desirable, proffer its serv- 

5 ices to the respective parties to the controversy. [15 July, 

6 1913, 38 Stat. L., 104, c. 6, s. 2.] 

7 Sec. 148. In any case in which a controversy arises 

8 over the meaning or the application of any agreement reached 

9 through mediation under the provisions of this chapter either 

10 party to the said agreement may apply to the Board of Media- 

11 tion and Conciliation for an expression of opinion from such 

12 board as to the meaning or application of such agreement 

13 and the said board shall upon receipt of such request give its 

14 opinion as soon as may be practicable. [15 July, 1913, 38 

15 Stat. L., 104, c. 6, s. 2.] 

16 Sec. 149. Whenever a controversy shall arise between 

17 an employer or employers and employees subject to this 

18 chapter , which can not be settled through mediation and 

19 conciliation in the manner provided in the preceding section, 

20 such controversy may be submitted to the arbitration of a 

21 board of six, or, if the parties to the controversy prefer so to 

22 stipulate, to a board of three persons, which board shall he 

23 chosen in the following manner: In the case of a board of 

24 three, the employer or employers and the employees, parties 

264 




EXISTING LAW. 


SEC. 147. 

CHAP. 6. —An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 2. 

Sec. 2. * * * 

In any case in which an interruption of traffic is imminent and. Proffer of services 
fraught with serious detriment to the public interest, the Board of in ur s ent cases. 
Mediation and Conciliation may, if in its judgment such action seem 
desirable, proffer its services to the respective parties to the con¬ 
troversy. 


SEC. 148. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 2. 

Sec. 2. * * * 

In any case in which a controversy arises over the meaning or the Opinions as to 
application of any agreement reached through mediation under the agreements, 
provisions of this Act either party to the said agreement may apply 
to the Board of Mediation and Conciliation for an expression of opin¬ 
ion from such board as to the meaning or application of such agree¬ 
ment and the said board shall upon receipt of such request give its 
opinion as soon as may be practicable. 


SEC. 149. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 3. 

Sec. 3. That whenever a controversy shall arise between an Boards of arbi- 
employer or employers and employees subject to this Act, which can tratlon authorized, 
not be" settled through mediation and conciliation in the manner pro¬ 
vided in the preceding section, such controversy may be submitted to 
the arbitration of a board of six, or, if the parties to the controversy 
prefer so to stipulate, to a board of three persons, which board shall 
be chosen in the following manner: In the case of a board of three, Selection, 
the employer or employers and the employees, parties respectively to three mem * 
the agreement to arbitrate, shall each name one arbitrator; and the Ders ‘ 
two arbitrators thus chosen shall select the third arbitrator; but in 
the event of their failure to name the third arbitrator within five days 
after their first meeting, such third arbitrator shall be named by the 
Board of Mediation and Conciliation. In the case of a board of six, Of six members, 
the employer or employers and the employees, parties respectively 
to the agreement to arbitrate, shall each name two arbitrators, and 
the four arbitrators thus chosen shall, by a majority-vote, select the 
remaining two arbitrators; but in the event of their failure to name 
the two arbitrators within fifteen days after their first meeting the 


68693—14-34 


265 




REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

Of six members. 0 

7 

8 
9 

10 

11 

12 

18 

Choice by non- 14 
union employees. 

15 

16 

17 

18 

19 

20 
21 

Requirements of 22 
agreement to arbi¬ 
trate. 

23 

24 


respectively to the agreement to arbitrate, shall each name 
one arbitrator; and the two arbitrators thus chosen shall 
select the third arbitrator; but in the event of their failure 
to name the third arbitrator within five days after their first 
meeting, such third arbitrator shall be named by the Board of 
Mediation and Conciliation. In the case of a board of six, 
the employer or employers and the employees, parties respec¬ 
tively to the agreement to arbitrate, shall each name two 
arbitrators, and the four arbitrators thus chosen shall, by a 
majority vote, select the remaining two arbitrators; but in 
the event of their failure to name the two arbitrators within 
fifteen days after their first meeting the said two arbitrators, 
or as many of them as have not been named, shall be named 
by the Board of Mediation and Conciliation. In the event 
that the employees engaged in any given controversy are not 
members of a labor organization, such employees may select 
a committee which shall have the right to name the arbitrator, 
or the arbitrators, who are to be named by the employees as 
provided above in this section. [15 July, 1913, 38 Stat. L., 
105, c. 6, s. 3.] 

Sec. 150. The agreement to arbitrate— 

First. Shall be in writing; 

Second. Shall stipulate that the arbitration is had under 
the provisions of this chapter; 


266 


EXISTING LAW. 


said two arbitrators, or as many of them as have not been named 
shall be named by the Board of Mediation and Conciliation. 

In the event that the employees engaged in any given controversy Choice by non- 
are not members of a labor organization, such employees may select union employees, 
a committee which shall have the right to name the arbitrator, or the 
arbitrators, who are to be named by the employees as provided above 
in this section. 


SEC. 150. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

e. 4. 

Sec. 4. That the agreement to arbitrate— Requirements of 

First. Shall be in writing; # t a g' t eement to arbi * 

Second. Shall stipulate that the arbitration is had under the pro- ra e ‘ 
visions of this Act; 


REPORT OF THE COMMISSION. 


Proviso. 

Time for hear¬ 
ings. 


Operatio n of 
award. 


Executio n of 
award. 

Action by dis¬ 
trict court. 


1 Third. Shall state whether the board of arbitration is to 

2 consist of three or six members; 

3 Fourth. Shall he signed by duly accredited representa- 

4 tives of the employer or employers and of the employees; 

5 Fifth. Shall state specifically the questions to be sub- 

6 mitted to the said board for decision; 

7 Sixth. Shall stipulate that a majority of said board shall 

8 be competent to make a valid and binding award; 

9 Seventh. Shall fix a period from the date of the ap- 

10 pointment of the arbitrator or arbitrators necessary to complete 

11 the hoard, as provided for in the agreement, within which 

12 the said board shall commence its hearings; 

13 Eighth. Shall fix a period from the beginning of the 

14 hearings within which the said board shall make and file its 

15 award: Provided, That this period shall be thirty days unless 

16 a different period be agreed to; 

17 Ninth. Shall provide for the date from which the award 

18 shall become effective and shall fix the period during which 

19 the said award shall continue in force; 

20 Tenth. Shall provide that the respective parties to the 

21 award will each faithfully execute the same; 

22 Eleventh. Shall provide that the award and the papers 

23 and proceedings, including the testimony relating thereto, 

24 certified under the hands of the arbitrators, and which shall 


268 


EXISTING LAW. 


Proviso. 
Time for 


Third. Shall state whether the board of arbitration is to consist of 
three or six members; 

Fourth. Shall be signed by duly accredited representatives of the 
employer or employers and of the employees; 

Fifth. Shall state specifically the questions to be submitted to the 
said board for decision; 

Sixth. Shall stipulate that a majority of said board shall be com¬ 
petent to make a valid and binding award; 

Seventh. Shall fix a period from the date of the appointment of the 
arbitrator or arbitrators necessary to complete the board, as provided 
for in the agreement, within which the said board shall' commence its 
hearings; 

Eighth. Shall fix a period from the beginning of the hearings within 
which the said board shall make and file its award: Provided, That 
this period shall be thirty days unless a different period be agreed to; 

Ninth. Shall provide for the date from which the award shall Operation of 
become effective and shall fix the period during which the said award award, 
shall continue in force; 

Tenth. Shall provide that the respective parties to the award will Execution of 
each faithfullv execute the same; award. 

Eleventh. Shall provide that the award and the papers and pro- Action by dis- 
ceedings, including the testimony relating thereto, certified under the trict cow¬ 
hands of the arbitrators, and which shall have the force and effect of 
a bill of exceptions, shall be filed in the clerk’s office of the district 
court of the United States for the district wherein the controversy 
arises or the arbitration is entered into, and shall be final and con¬ 
clusive upon the parties to the agreement unless set aside for error of 
law apparent on the record; 

Twelfth. May also provide that any difference arising as to the Provision for sub¬ 
meaning or the application of the provisions of an award made by a etc^a^to*award 8 ’ 
board of arbitration shall be referred back to the same board or to a ’ 8 
subcommittee of such board for a ruling, which ruling shall have the 
same force and effect as the original award; and if any member of the 
original board is unable or unwilling to serve another arbitrator shall 
be named in the same manner as such original member was named. 


hear- 


269 



REPORT OF THE COMMISSION. 


Provision for sub¬ 
sequent ruling, 
etc., as to award. 


Authority of ar¬ 
bitrators to secure 
testimony, etc. 


1 have the force and effect of a bill of exceptions, shall be filed 

2 in the clerk’s office of the district court of the United States 

3 for the district wherein the controversy arises or the arbi- 

4 tration is entered into, and shall be final and conclusive upon 

5 the parties to the agreement unless set aside for error of law 

6 apparent on the record; 

7 Twelfth. May also provide that any difference arising 

8 as to the meaning or the application of the provisions of an 

9 award made by a board of arbitration shall be referred back 

10 to the same board or to a subcommittee of such hoard for a 

11 ruling, which ruling shall have the same force and effect as 

12 the original award; and if any member of the original hoard is 

13 unable or unwilling to serve another arbitrator shall be 

14 named in the same manner as such original member was 

15 named. [15 July, 1913, 38 Stat. L., 106, c. 6, s. 4.] 

16 Sec. 151. For the purposes of this chapter the arbi- 

17 trators herein provided for, or either of them, shall have power 

18 to administer oaths and affirmations, sign subpoenas, require 

19 the attendance and testimony of witnesses, and the pro- 

20 duction of such books, papers, contracts, agreements, and 

21 documents material to a just determination of the matters 

22 under investigation as may be ordered by the court; and may 

23 invoke the aid of the United States courts to compel witnesses 

24 to attend and testify and to produce such books, papers, con- 


370 


EXISTING LAW. 


c 


SEC. 151. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 5. That for the purposes of this Act the arbitrators herein 
provided for, or either of them, shall have power to administer oaths 
and affirmations, sign subpoenas, require the attendance and testi¬ 
mony of witnesses, and the production of such books, papers, con¬ 
tracts, agreements, and documents material to a just determination 
of the matters under investigation as may be ordered by the court; 
and may invoke the aid of the United States courts to compel wit¬ 
nesses to attend and testify and to produce such books, papers, con¬ 
tracts, agreements, and documents to the same extent and under the 
same conditions and penalties as is provided for in the Act to regu¬ 
late commerce, approved February fourth, eighteen hundred and 
eighty-seven, and the amendments thereto. 







July 15, 1913, 38 
Stat. L., 103-108, 
s. 5. 

Authority of ar¬ 
bitrators to secure 
testimony, etc. 


Yol. 24, p. 383; 
Vol. 25, p. 858; 
Yol. 26, p. 743. 


271 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

Acknowledgment 5 
and filing of agree¬ 
ment. 

6 

7 

8 
9 

10 

11 

12 

13 

Notification to 14 

arbitrators. 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 

25 


tracts, agreements, and documents to the same extent and 
under the same conditions and penalties as is provided for in 
chapters one and two of this Act. [15 July, 1913, 38 Stat. 
L., 106, c. 6, s. 5.] 

Sec. 152. Every agreement of arbitration under this 
Act shall be acknowledged by the parties thereto before a 
notary public or a clerk of the district or the circuit court of 
appeals of the United States, or before a member of the 
Board of Mediation and Conciliation, the members of which 
are hereby authorized to take such acknowledgments ; and 
when so acknowledged shall be delivered to a member of 
said board or transmitted to said board to be tiled in its office. 
[15 July, 1913, 38 Stat. L., 106, c. 6, s. 6.] 

Sec. 153. When such agreement of arbitration has been 
filed with the said board, or one of its members, and when the 
said board, or a member thereof, has been furnished the names 
of the arbitrators chosen by the respective parties to the con¬ 
troversy, the board, or a member thereof, shall cause a notice 
in writing to be served upon the said arbitrators, notifying 
them of their appointment, requesting them to meet promptly 
to name the remaining arbitrator or arbitrators necessary to 
complete the board, and advising them of the period within 
which, as provided in the agreement of arbitration, they are 
empowered to name such arbitrator or arbitrators. [15 July, 
1913, 38 Stat. L., 106, e. 6, s. 6.] 


272 


EXISTING LAW. 


SEC. 152. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 6. That every agreement of arbitration under this Act shall be 
acknowledged by the parties thereto before a notary public or a clerk 
of the district or the circuit court of appeals of the United States, or 
before a member of the Board of Mediation and Conciliation, the 
members of which are hereby authorized to take such acknowledg¬ 
ments ; and when so acknowledged shall be delivered to a member of 
said board or transmitted to said board to be filed in its office. 


SEC. 153. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

i 

Sec. 6. * * * 

When such agreement of arbitration has been filed with the said 
board, or one of its members, and when 'the said board, or a member 
thereof, has been furnished the names of the arbitrators chosen by the 
respective parties to the controversy, the board, or a member thereof, 
shall cause a notice in writing to be served upon the said arbitrators, 
notifying them of their appointment, requesting them to meet 
promptly to name the remaining arbitrator or arbitrators nepessary 
to complete the board, and advising them of the period within which, 
as provided in the agreement of arbitration, they are empowered to 
name such arbitrator or arbitrators. 


July 15, 1913, 38 
Stat. L., 103-108, 
s. 6. 

Acknowledgmen t 
and filing of agree¬ 
ment. 


July 15, 1913, 38 
Stat.. L., 103-108, 

3 . 6 . 

Notification to 
arbitrators. 



REPORT OF THE COMMISSION. 


Selection to com¬ 
plete board. 


Reconvening of 
board. 


1 Sec. 154. When the arbitrators selected by the respec- 

2 tive parties have agreed upon the remaining arbitrator or 

3 arbitrators, they shall notify the Board of Mediation and 

4 Conciliation; and in the event of their failure to agree upon 

5 any or upon all of the necessary arbitrators within the period 

6 fixed by section one hundred and forty-nine of this Act they 

7 shall, at the expiration of such period, notify the Board of 

8 Mediation and Conciliation of the arbitrators selected, if any, 

9 or of their failure to make or to complete such selection. 

10 [15 July, 1913, 38 Stat. L., 106, c. 6, s. 6.] 

11 Sec. 155. If the parties to an arbitration desire the 

12 reconvening of a board to pass upon any controversy arising 

13 over the meaning or application of an award, they shall 

14 jointly so notify the Board of Mediation and Conciliation, 

15 and shall state in such written notice the question or ques- 

16 tions to be submitted to such reconvened board. The Board 

17 of Mediation and Conciliation shall thereupon promptly 

18 communicate with the members of the board of arbitration or 

19 a subcommittee of such board appointed for such purpose 

20 pursuant to the provisions of the agreement of arbitration, 

21 and arranged for the reconvening of said board or subcommit- 

22 tee, and shall notify the respective parties to the controversy of 

23 the time and place at which the board will meet for hearings 

24 upon the matters in controversy to be submitted to it. [15 

25 July, 1913, 38 Stat. L., 106, c. 6, s. 6. 


274 




EXISTING LAW. 

✓ 


SEC. 154. 

CHAP. 6.— An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 6. 

Sec. 6. * * * 

When the arbitrators selected by the respective parties have agreed Selection to com- 
upon the remaining arbitrator or arbitrators, they shall notify the P lete board - 
Board of Mediation and Conciliation; and in the event of their failure 
to agree upon any or upon all of the necessary arbitrators within the 
period fixed by this Act they shall, at the expiration of such period, 
notify the Board of Mediation and Conciliation of the arbitrators 
selected, if any, or of their failure to make or to complete such 
selection. 


SEC. 155. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 6. 

Sec. 6. * * * 

If the parties to an arbitration desire the reconvening of a board Reconvening of 
to pass upon any controversy arising over the meaning or application board - 
of an award, they shall jointly so notify the Board of Mediation and 
Conciliation, and shall state in such written notice the question or 
questions to be submitted to such reconvened board. The Board of 
Mediation and Conciliation shall thereupon promptly communicate 
with the members of the board of arbitration or a subcommittee of 
such board appointed for such purpose pursuant to the provisions of 
the agreement of arbitration, and arrange for the reconvening of said 
board or subcommittee, and shall, notify the respective parties to the 
controversy of the time and place at which the board will meet for 
hearings upon the matters in controversy to be submitted to it. 


275 




REPORT OF THE COMMISSION. 


Organization of 1 
board. 

2 

3 

4 

5 

Proceedings, etc. 0 

7 

8 
9 

10 

11 

12 

Awards. 13 

14 

Transmission of 15 
papers, etc. 

16 

17 

18 

19 

20 
21 

Ante, p. 105 . 22 

Copy to Board of 23 

Mediation and 
Conciliation. 

24 

25 

26 


Sec. 156. That the board of arbitration shall organize 
and select its own chairman and make all necessary rules for 
conducting its hearings; but in its award or awards the said 
board shall confine itself to findings or recommendations as 
to the questions specifically submitted to it or matters directly 
bearing thereon. All testimony before said board shall be 
given under oath or affirmation, and any member of the board 
of arbitration shall have the power to administer oaths or 
affirmations. It may employ such assistants as may be neces¬ 
sary in carrying on its work. It shall, whenever practicable, 
be suj>plied with suitable quarters in any Federal building 
located at its place of meeting or at any place where the 
board may adjourn for its deliberations. The board of arbi¬ 
tration shall furnish a certified copy of its awards to the 
respective parties to the controversy, and shall transmit the 
original, together with the papers and proceedings and a 
transcript of the testimony taken at the hearings, certified 
under the hands of the arbitrators, to the clerk of the district 
court of the United States for the district wherein the con¬ 
troversy arose or the arbitration is entered into, to be filed in 
said clerk’s office as provided in paragraph eleven of section 
one hundred and fifty of this Act. Said board shall 
also furnish a certified copy of its award, and the papers 
and proceedings, including the testimony relating thereto, to 
the Board of Mediation and Conciliation, to be filed in its 
office. [15 July, 1913, 38 Stat. L., 107, c. 6, s. 7.] 


276 


EXISTING LAW. 


SEC. 156. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 

troversies between certain employers and their employees. Stat. L., 103-108, 

s. 7. 

Sec. 7. That the board of arbitration shall organize and select its Organization of 
own chairman and make all necessary rules for conducting its hear- board - 
ings; but in its award or awards the said board shall confine itself 
to findings or recommendations as to the questions specifically sub¬ 
mitted to it or matters directly bearing thereon. All testimony Proceedings, etc. 
before said board shall be given under oath or affirmation, and any 
member of the board of arbitration shall have the power to administer 
oaths or affirmations. It may employ such assistants as may be 
necessary in carrying on its work. It shall, whenever practicable, 
be supplied with suitable quarters in any Federal building located 
at its place of meeting or at any place where the board may adjourn 
for its deliberations. The board of arbitration shall furnish a Awards, 
certified copy of its awards to the respective parties to the con¬ 
troversy, and shall transmit the original, together with the papers Transmission of 
and proceedings and a transcript of the testimony taken at the P a P ers > etc - 
hearings, certified under the hands of the arbitrators, to the clerk 
of the district court of the United States for the district wherein 
the controversy arose or the arbitration is entered into, to be filed 
in said clerk’s office as provided in paragraph eleven of section four Ante, p. 105. 
of this Act. And said board shall also furnish a certified copy of Copy to Board of 
its award, and the papers and proceedings, including the testimony Mediation and Con- 
relating thereto, to the Board of Mediation and Conciliation, to be ciliatlon - 
filed in its office. 




REPORT OF THE COMMISSION. 


Disposition of 
papers in former 
cases. 


Action in district 
court. 


Disposition of ex¬ 
ceptions on ques¬ 
tions of law. 


Appeals to cir¬ 
cuit court of ap¬ 
peals. 


1 Sec. 157. The district courts, the Interstate Com- 

2 rnerce Commission, and the Bureau of Labor Statistics 

3 are authorized to turn over to the Board of Mediation and 

4 Conciliation, upon its request any papers and documents 

5 heretofore filed with them and bearing upon mediation or 

6 arbitration proceedings held under the provisions of the Act 

7 approved June first, eighteen hundred and ninety-eight, pro- 

8 viding for mediation and arbitration. [15 July, 1913, 38 

9 Stat. L., 107, c. 6, s. 7.] 

10 Sec. 158. The award, being filed in the clerk’s office 

11 of a district court of the United States as hereinbefore pro- 

12 vided, shall go into practical operation, and judgment shall 

13 be entered thereon accordingly at the expiration of ten days 

14 from such filing, unless within such ten days either party shall 

15 file exceptions thereto for matter of law apparent upon the 

16 record, in which case said award shall go into practical oper- 

17 ation, and judgment be entered accordingly, when such ex- 

18 ceptions shall have been finally disposed of either by said 

19 district court or on appeal therefrom. [15 July, 1913, 38 Stat. 

20 L., 107, c. 6, s. 8.] 

21 Sec. 159. At the expiration of ten days from the 

22 decision of the district court upon exceptions taken to said 

23 award as aforesaid judgment shall be entered in accordance 

24 with said decision, unless during said ten days either party 


278 


EXISTING LAW. 


SEC. 157. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 7. * * * 

The United States Commerce Court, the Interstate Commerce 
Commission, and the Bureau of Labor Statistics are hereby authorized 
to turn over to the Board of Mediation and Conciliation, upon its 
request any papers and documents heretofore filed with them and 
bearing upon mediation or arbitration proceedings held under the 
provisions of the Act approved June first, eighteen hundred and 
ninety-eight, providing for mediation and arbitration. 


SEC. 158. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 8. That the award, being filed in the clerk’s office of a dis¬ 
trict court of the United States as hereinbefore provided, shall go 
into practical operation, and judgment shall be entered thereon 
accordingly at the expiration of ten days from such filing, unless 
within such ten days either party shall file exceptions thereto for 
matter of law apparent upon the record, in which case said award 
shall go into practical operation, and judgment be entered accord¬ 
ingly, when such exceptions shall have been finally disposed of either 
by said district court or on appeal therefrom. 


SEC. 159. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 8. * * * 

At the expiration of ten days from the decision of the district 
court upon exceptions taken to said award as aforesaid judgment 
shall be entered in accordance with said decision, unless during said 
ten days either party shall appeal therefrom to the circuit court of 


July 15, 1913, 38 
Stat. L., 103-108, 
s. 7. 


Disposition of 
papers in former 
cases. 


July 15, 1913, 38 
Stat. L., 103-108, 
s. 8. 

Action in district 
court. 


Disposition of ex¬ 
ceptions on ques¬ 
tions of law. 


July 15, 1913, 38 
Stat. L., 103-108, 
s. 8. 

Appeals to cir¬ 
cuit court of ap¬ 
peals. 


379 


Restricted to 
questions of law. 


Finality of judg¬ 
ment. 


Judgment by 
agreement. 


No compulsory 
labor. 


REPORT OF THE COMMISSION. 

1 shall appeal therefrom to the circuit court of appeals. In 

2 such case only such portion of the record shall be transmitted 

3 to the appellate court as is necessary to the proper under- 

4 standing and consideration of the questions of law presented 

5 by said exceptions and to be decided. [15 July, 1913, 38 Stat. 

6 L., 107, c. 6, s. 8.] 

7 Sec. 160. The determination of said circuit court of 

8 appeals upon said questions shall be final, and, being certified 

9 by the clerk thereof to said district court, judgment pursuant 

10 thereto shall thereupon be entered by said district court. 

11 [15 July, 1913, 38 Stat. L., 107, c. 6, s. 8.] 

12 Sec. 161. If exceptions to an award are finally sus- 

13 tained, judgment shall be entered setting aside the award in 

14 whole or in part; but in such case the parties may agree upon a 

15 judgment to be entered disposing of the subject matter of the 

16 controversy, which judgment when entered shall have the 

17 same force and effect as judgment entered upon an award. 

18 [15 July, 1913, 38 Stat. L., 107, c. 6, s. 8.] 

19 Sec. 162. Nothing in this chapter contained shall be 

20 construed to require an employee to render personal service 

21 without his consent, and no injunction or other legal process 

22 shall be issued which shall compel the performance by any 

23 employee against his will of a contract for personal labor or 

24 service. [15 July, 1913, 38 Stat. L., 107, c. 6, s. 8.] 


280 


EXISTING LAW. 


appeals. In such case only such portion of the record shall be Restricted to 
transmitted to the appellate court as is necessary to the proper q ues bons of law. 
understanding and consideration of the questions of law presented 
by said exceptions and to be decided. 


SEC. 160. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 8. 

Sec. 8. * * * 

The determination of said circuit court of appeals upon said Finality of judg- 
questions shall be final, and, being certified by the clerk thereof to ment - 
said district court, judgment pursuant thereto shall thereupon be 
entered by said district court. 


SEC. 161. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 8. 

Sec. 8. * * * 

If exceptions to an award are finally sustained, judgment shall Judgment by 
be entered setting aside the award in whole or in part; but in such a S reement - 
case the parties may agree upon a judgment to be entered disposing 
of the subject matter of the controversy, which judgment when 
entered shall have the same force and effect as judgment entered 
upon an award. 


SEC. 162. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 8. 

Sec. 8. * * * 

Nothing in this Act contained shall be’ construed to require an No compulsory 
employee to render personal service without his consent, and no labor - 
injunction or other legal process shall be issued which shall compel 
the performance by any employee against his will of a contract for 
personal labor or service. 


» 281 


68693—14-36 





REPORT OF THE COMMISSION. 


Rights of em- 1 

ployees under Fed¬ 
eral court receiv¬ 
ers. 9 

Restriction on " 

reducing wages. 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


14 


Sec. 163. Whenever receivers appointed by a Federal 
court are in the possession and control of the business of em¬ 
ployers covered by this chapter the employees of such em¬ 
ployers shall have the right to be heard through their repre¬ 
sentatives in such court upon all questions affecting the terms 
and conditions of their employment; and no. reduction of 
wages shall he made by such receivers without the authority 
of the court therefor, after notice to such employees, said 
notice to be given not less than twenty days before the hearing 
upon the receivers* petition or application, and to be posted 
upon all customary bulletin boards along or upon the railway 
or in the customary places on the premises of other employers 
covered by this chapter. [15 July, 1913, 38 Stat. L., 108, c. 
6, s. 9.] 


Pay, etc., of ^5 
members of boards. 

16 

17 

18 

19 

20 
21 
22 

23 

24 


Sec. 164. Each member of the board of arbitration 
created under the provisions of this chapter shall receive such 
compensation as may be fixed by the Board of Mediation and 
Conciliation, together with his traveling and other necessary 
expenses. The necessary and proper expenses incurred in 
connection with any arbitration or with the carrying on of the 
work of mediation and conciliation, including per diem, 
traveling, and other necessary expenses of members or em¬ 
ployees of boards of arbitration and rent in the District of 
Columbia, furniture, office fixtures and supplies, books, 


282 


EXISTING LAW. 


SEC. 163. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15, 1913, 38 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 9. 

Sec. 9. That whenever receivers appointed by a Federal court Rights of em- 
are in the possession and control of the business of employers covered pl°y ees under Fed- 
by this Act the employees of such employers shall have the right to gjg court receiv ‘ 
be heard through their representatives in such court upon all ques- Restriction on re- 
tions affecting the terms and conditions of their employment; and during wages, 
no reduction of wages shall be made by such receivers without the 
authority of the court therefor, after notice to such employees, said 
notice to be given not less than twenty days before the hearing 
upon the receivers’ petition or application, and to be posted upon 
all customary bulletin boards along or upon the railway or in the 
customary places on the premises of other employers covered by 
this Act. 


SEC. 104. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15,191, 338; 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 10. 

Sec. 10. That each member of the board of arbitration created Pay, etc., of 
under the provisions of this Act shall receive such compensation as mem bers°f boards, 
may be fixed by the Board of Mediation and Conciliation, together 
with his traveling and other necessary expenses. The sum of Appropriation 
$25,000, or so much thereof as may be necessary, is hereby appro- f01 p e ^P ens ^ s lo 
priated, to be immediately available and t) continue available until 05 > P- 
the close of the fiscal year ending June thirtieth, nineteen hundred 
and fourteen, for the necessary and proper expenses incurred in 
connection with any arbitration or with the carrying on of the work 
of mediation and conciliation, including per diem, traveling, and 
other necessary expenses of members or employees of boards of arbi¬ 
tration and rent in the District of Columbia, furniture, office fixtures 
and supplies, books, salaries, traveling expenses, and other necessary 
expenses of members or employees of the Board of Mediation and 
Conciliation, to be approved by the chairman of said board and 
audited by the proper accounting officers of the Treasury. 


283 



REPORT OF THE COMMISSION. 


Commissioner of 
Mediation and 
Conciliation. 

Appoin t m e n t, 
pay, and term. 


Other members 
to constitute Board 
of Mediation and 
Conciliation. 


Assistant com¬ 
missioner. 

Appoin t m e n t 
and pay. 


Duties and au¬ 
thority. 


1 salaries, traveling expenses, and other necessary expenses of 

2 members or employees of the Board of Mediation and Con- 

3 ciliation, shall he paid when approved by the chairman of said 

4 board and audited by the proper accounting officers of the 

5 Treasury. [15 July, 1913, 38 Stat.*L., 108, c. 6, s. 10.] 

6 Sec. 165. There shall be a Commissioner of Media- 

7 tion and Conciliation, who shall be appointed by the Presi- 

8 dent, by and with the advice and consent of the Senate, and 

9 whose salary shall be $7,500 per annum, who shall hold his 

10 office for a term of seven years and until a successor qualifies, 

11 and who shall be removable by the President only for miscon- 

12 duct in office. The President shall also designate not more 

13 than two other officials of the Government who have been 

14 appointed by and with the advice and consent of the Senate, 

15 and the officials thus designated, together with the Commis- 

16 sioner of Mediation and Conciliation, shall constitute a board 

17 to be known as the United States Board of Mediation and 

18 Conciliation. [15 July, 1913, 38 Stat L., 108, c. 6, s 11.] 

19 Sec. 166. There shall also be an Assistant Coinmis- 

20 sioner of Mediation and Conciliation, who shall be appointed 

21 by the President, by and with the advice and consent of the 

22 Senate, and whose salary shall be $5,000 per annum. In the 

23 absence of the Commissioner of Mediation and Conciliation, ox- 

24 when that office shall become vacant, the assistant commis- 


284 


EXISTING LAW. 


SEC. 165. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con- July 15,1913,38, 
troversies between certain employers and their employees. Stat. L., 103-108, 

s. 11. 

Sec. 11. There shall be a Commissioner of Mediation and Con- Commissioner of 
ciliation, who shall be appointed by the President, by and with the ^f^ion° nandC ° n ' 
advice and consent of the Senate, and whose salary shall be $7,500 Appointment, 
per annum, who shall hold his office for a term of seven years and until pay, and term, 
a successor qualifies, and who shall be removable by the President 
only for misconduct in office. The President shall also designate Other members 
not more than two other officials of the Government who have been ^je^tion^and 
appointed by and with the advice and consent of the Senate, and the Conciliation, 
officials thus designated, together with the Commissioner of Media¬ 
tion and Conciliation, shall constitute a board to be known as the 
United States Board of Mediation and Conciliation. 


SEC. 166. - ; 

CHAP. 6.—An Act Providing for mediation, concilation, and arbitration in con- July 15, 1913, 38 
troversies between certain employees and their employees. Stat. L., 103-108, 

s. 11. 

Sec. 11. * * * 

There shall also be an Assistant Commissioner of Mediation and Assistant com- 
Conciliation, who shall be appointed by the President, by and “^ppointment 

the advice and consent of the Senate, and whose salary shall be an d pay. 

$5,000 per annum. In the absence of the Commissioner of Media- Duties and au- 

tion and Conciliation, or when that office shall become vacant, the thority. 

assistant commissioner shall exercise the functions and perform 

the duties of that office. Under the direction of the Commissioner 

of Mediation and Conciliation, the assistant commissioner shall 

assist in the work of mediation and conciliation and when acting 

alone in any case he shall have the right to take acknowledgments, 

285 


REPORT OF THE COMMISSION. 


Former act re¬ 
pealed. 


Proviso. 

Pending amend¬ 
ments, etc., con¬ 
tinued. 


1 sioner shall exercise the functions and perform the duties of 

2 that office. Under the direction of the Commissioner of Media- 

3 tion and Conciliation, the assistant commissioner shall assist 

4 in the work of mediation and conciliation and when acting 

5 alone in any case he shall have the right to take acknowl- 

6 edgments, receive agreements of arbitration, and cause the 

7 notices in writing to be served upon the arbitrators chosen 

8 by the respective parties to the controversy, as provided for 

9 in section- one hundred and fifty-one of this Act. [15 

10 July, 1918, 38 Stat. L., 108, c. 6, s. 11.] 

11 Sec. 167. Any agreement of arbitration, which, 'prior 

12 to July fifteenth, nineteen hundred and thirteen , shall have 

13 been executed in accordance with the provisions of the Act 

14 of June first, eighteen hundred and ninety-eight, relating to 

15 the mediation and arbitration of controversies between rail- 

16 way companies and certain classes of their employees, shall 

17 be governed by the provisions of said Act of June first, 

18 eighteen hundred and ninety-eight, and the proceedings 

19 thereunder shall be conducted in accordance with the pro- 

20 visions of said Act. [15 July, 1913, 38 Stat. L., 108, c. 6, 

21 s. 11.] 


286 


EXISTING LAW. 


receive agreements of arbitration, and cause the notices in writing 
to be served upon the arbitrators chosen by the respective parties 
to the controversy, as provided for in section five of this Act. 


SEC. 167. 

CHAP. 6.—An Act Providing for mediation, conciliation, and arbitration in con¬ 
troversies between certain employers and their employees. 

Sec. 11. * * * 

The Act of June first, eighteen hundred and ninety-eight, relating 
to the mediation and arbitration of controversies between railway 
companies and certain classes of their employees is hereby repealed: 
Provided, That any agreement of arbitration, which, at the time of 
the passage of this Act, shall have been executed in accordance with 
the provisions of said Act of June first, eighteen hundred and ninety- 
eight, shall be governed by the provisions of said Act of June first, 
eighteen hundred and ninety-eight, and the proceedings thereunder 
shall be conducted in accordance with the provisions of said Act. 
Approved, July 15, 1913. 


287 


July 15, 1913, 38 
Stat. L., 103-108, 
s. 11. 


Former Act re¬ 
pealed. 

Vol. 30, p. 424. 

Proviso. 

Pending agree¬ 
ments, etc., con¬ 
tinued. 


REPORT OF THE COMMISSION. 


Chapter Eight. 

HOURS OF SERVICE OF EMPLOYEES. 


Sec. 

168. Common carriers; restriction upon 

hours of service of employees. 

169. Maximum hours of continuous service; 

hours off duty, etc. 


Sec. 

170. Violations, how prosecuted; penalty; 
not to apply to crews of wrecking or 
relief trains. 


Common carriers; X 

restriction upon 
hours of service of 
employees. 2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 


Sec. 168. The provisions of this chapter shall apply to 
any common carrier or carriers, their officers, agents, and em¬ 
ployees, engaged in the transportation of passengers or prop¬ 
erty by railroad in the District of Columbia or any Territory 
of the United States, or from one State or Territory of the 
United States or the District of Columbia to any other State 
or Territory of the United States or the District of Columbia, 
or from any place in the United States to an adjacent foreign 
country, or from any place in the United States through a 
foreign country to any other place in the United States. 
The term “railroad” as used in this chapter shall include all 
bridges and ferries used or operated in connection with any 
railroad, and also all the road in use by any common carrier 
operating a railroad, whether owned or operated under a con¬ 
tract, agreement, or lease; and the term “employees” as 
used in this chapter shall he held to mean persons actually 
engaged in or connected with the movement of any train, 
[4 Mar., 1907, 34 Stat. L., 1415, c. 2939, s. 1.] 


288 



EXISTING LAW 


SEC. 168. 

CHAP. 2939.—An Act To promote the safety of employees and travelers upon railroads 
by limiting the hours of service of employees thereon. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the provisions of this 
Act shall apply to any common carrier or carriers, their officers, 
agents, and employees, engaged in the transportation of passengers 
or property by railroad in the District of Columbia or any Territory 
of the United States, or from one State or Territory of the United 
States or the District of Columbia to any other State or Territory 
of the United States or the District of Columbia, or from any place 
in the United States to an adjacent foreign country, or from any place 
in the United States through a foreign country to any other place in the 
United States. The term “ railroad” as used in this Act shall include 
all bridges and ferries used or operated in connection with any rail¬ 
road, and also all the road in use by any common carrier operating a 
railroad, whether owned or operated under a contract, agreement, or 
lease; and the term “employees” as used in this Act shall be held to 
mean persons actually engaged in or connected with the movement of 
any train. 


28!> 


Mar. 4, 1907, 34 
Stat. L, 1415-1417, 
c. 2939, s. 1. 

Railroads. 

Service hours of 
employees re¬ 
stricted. 


Meaning of word 
“railroad.” 


Meaning of word 
“employees.” 


68693—14--37 


REPORT OF THE COMMISSION. 


Maximum hours 
of continuous serv¬ 
ice; hours off duty, 
etc. 


1 Sec. 169. It shall be unlawful for any common carrier, 

2 its officers or agents, subject to this chapter to require or per- 

3 mit any employee subject to this chapter to be or remain on 

4 duty for a longer period than sixteen consecutive hours; and 

5 whenever any such employee of such common carrier shall 

6 have been continuously on duty for sixteen hours he shall be 

7 relieved and not required or permitted again to go on duty 

8 until he has had at least ten consecutive hours off duty. No 

9 such employee who has been on duty sixteen hours in the 

10 aggregate in any twenty-four-hour period shall be required or 

11 permitted to continue or again go on duty without having 

12 had at least eight consecutive hours off duty: Provided , That 

13 no operator, train dispatcher, or other employee who by the 

14 use of the telegraph or telephone dispatches, reports, trans- 

15 mits, receives, or delivers orders pertaining to or affecting 

16 train movements shall be required or permitted to be or 

17 remain on duty for a longer period than nine hours in any 

18 twenty-four-hour period, in all towers, offices, places, and 

19 stations continuously operated night and day, nor for a longer 

20 period than thirteen hours in all towers, offices, places, and 

21 stations operated only during the daytime, except in case of 

22 emergency, when the employees named in this proviso may 

23 be permitted to be and remain on duty for four additional 

24 hours in a twenty-four-hour period on not exceeding three 

e 


290 


EXISTING LAW. 


SEC. 169. 

CHAP. 2939.—An Act To promote the safety of employees and travelers upon railroads Mar. 4, 1907, 34 

by limiting the hours of service of employees thereon. Stat. L,1415-1417, 

c. 2939, s. 2. 

Sec. 2. That it shall be unlawful for any common carrier, its officers Sixteen hours 
or agents, subject to this Act to require or permit any employee sub- the maximum con- 
ject to this Act to be or remain on duty for a longer period than six- trainmen, 
teen consecutive hours, and whenever any such employee of such com- Ten consecutive 
mon carrier shall have been continuously on duty for sixteen hours he hours off duty, 
shall be relieved and not required or permitted again to go on duty 
until he has had at least ten consecutive hours off duty; and no such 
employee who has been on duty sixteen hours in the aggregate in 
any twenty-four-hour period shall be required or permitted to continue 
or again go on duty without having had at least eight consecutive 
hours off duty: Provided, That no operator, train dispatcher, or other Provisos. 
employee who by the use of the telegraph or telephone dispatches, tel ^ erv ^ h ° U e 3 tc o1 
reports, transmits, receives, or delivers orders pertaining to or affect- operators.’ 
ing train movements shall be required or permitted to be or remain on 
duty for a longer period than nine hours in any twenty-four-hour 
period in all towers, offices, places, and stations continuously operated 
night and day, nor for a longer period than thirteen hours in all 
towers, offices, places, and stations operated only during the daytime, 
except in case of emergency, when the employees named in this pro¬ 
viso may be permitted to be and remain on duty for four additional 
hours in a twenty-four-hour period on not exceeding three days in 
any week: Provided further, The Interstate Commerce Commission Period may be 
may after full hearing in a particular case and for good cause shown exteiK,ed - 
extend the period within which a common carrier shall comply with 
the provisions of this proviso as to such case. 


REPORT OF THE COMMISSION. 


; tim i. r. i. 


fc* » 


Violations, how 
prosecuted; pen¬ 
alty; not to apply 
to crews of wreck¬ 
ing or relief trains. 


1 days in any week: Provided further , The Interstate 

2 Commerce Commission may after full hearing in a particular 

3 case and for good cause shown extend the period within which 

4 a common carrier shall comply with the provisions of this 

5 proviso as to such case. [4 Mar., 1907, 34 Stat. L., 1416, c. 

6 2939, s. 2.] 

7 Sec. 170. Any such common carrier, or any officer or 

8 agent thereof, requiring or permitting any employee to go, 

9 be, or remain on duty in violation of the section last preceding, 

10 shall be liable to a penalty of not to exceed five hundred 

11 dollars for every violation, to be recovered by suit to be brought 

12 by the United States attorney in the district where such vio- 

13 lation shall have been committed. It shall be the duty of 

14 such district attorney to bring such suits upon satisfactory 

15 information being lodged with him; hut no such suit shall be 

16 brought after the expiration of one year from the date of such 

17 violation. It shall also be the duty of the Interstate Com- 

18 merce Commission to lodge with the proper district attorneys 

19 information of any such violations as may come to its knowl- 

20 edge. In all prosecutions under this chapter the common 

21 carrier shall be deemed to have had knowledge of all acts of 

22 all its officers and agents: Provided , That the provisions of 

23 this chapter shall not apply in any case of casualty, or unavoid- 

24 able accident, or the act of God; nor where the delay was the 


292 




. O EXISTING LAW. 


> 




. vv 


: i 


' — ^ * i 1" L ... iJ- , i..i 


SEC. 170. 

CHAP. 2939.—An Act To promote the safety of employees and travelers upon railroads Mar. 4, 1907, 34 

by limiting the hours of service of employees thereon. Stat. L, 1415-1417, 

c. 2939, s. 3. 

Sec. 3. Thatany such common carrier, or any officer or agent thereof, Penalty for vio- 
requiring or permitting any employee to go, be, or remain on duty in latlon - 
violation of the second section hereof, shall be liable to a penalty of 
not to exceed five hundred dollars for each and every violation, to be 
recovered in a suit or suits to be brought by the United States district Prosecutions, 
attorney in the district court of the United States having jurisdic¬ 
tion in the locality where such violation shall have been committed; 
and it shall be the duty of such district attorney to bring such suits 
upon satisfactory information being lodged with him; but no such 
suit shall be brought after the expiration of one year from the date 
of such violation; and it shall also be the duty of the Interstate 
Commerce Commission to lodge with the proper district attorneys 
information of any such violations as may come to its knowledge. In 
all prosecutions under this Act the common carrier shall be deemed to 
have had knowledge of all acts of all its officers and agents: Provided, Provisos. 

That the provisions of this Act shall not apply in any case of casualty °etc ble aC " 

or unavoidable accident or the act of God; nor where the delay was the ’ 

result of a cause not known to the carrier or its officer or agent in 

charge of such employee at the time said employee left a terminal, and 

which could not have been foreseen: Provided further, That the pro- Wrecking, etc., 

visions of this Act shall not apply to the crews of wrecking or refief crews - 

trains. 

Note: Section four, below, is revised in Sec. 65 of this bill. 

CHAP. 2939.—An Act To promote the safety of employees and travelers upon railroads Mar. 4, 1907, 34 

be .imiting ’he hours of service of employees thereon. Stat. L, 1415-1417, 

• c. 2939, s. 4. 

Sec. 4. It shall be the duty of the Interstate Commerce Commission Enforcement, 
to execute and enforce the provisions of this Act, and all powers 
granted to the Interstate Commerce Commission are hereby extended 
to it in the execution of this Act. 

Sec. 5. That this Act shall take effect and be in force one year after Effect, 
its passage. 

Approved, March 4, 1907, 11.50 a. m. 




REPORT OF THE COMMISSION. 


1 result of a cause not known to the carrier or its officer or agent 

2 in charge of such employee at the time said employee left a 

3 terminal, and which could not have been foreseen: Provided 

4 further , That the provisions of this chapter shall not apply to 

5 the crews of wrecking or relief trains. [4 Mar., 1907, 34 

6 Stat. L., 1416, c. 2939, s. 3.] 


294 



REPORT OF THE COMMISSION. 

Chapter Nine. 

PUBLIC UTILITIES COMMISSION, DISTRICT OF COLUMBIA. 


Sec. 

171. Commission defined. 

172. Commissioner defined. 

173. Public utility defined. 

174. Service defined. 

175. Corporation defined. 

176. Person defined. 

177. Joint rates defined. 

178. Extension or extensions defined. 

179. Street railroad defined. 

180. Street railroad corporation defined. 

181. Common carrier defined. 

182. Gas plant defined. 

183. Gas corporation defined. 

184. Electric plant defined. 

185. Electrical corporation defined. 

186. Water-power company defined. 

187. Telephone corporation defined. 

188. Telephone line defined. 

189. Telegraph corporation defined. 

190. Telegraph line defined. 

191. Pipe-line company defined. 

192. Chapter applicable to transportation 

within District of Columbia; not to 
conflict with interstate commerce. 

193. Corporations not transacting business, 

etc., included. 

194. Service and facilities to be safe, adequate, 

and reasonable; discriminations un¬ 
lawful. 

195. Mutual use of tracks, etc., to be per¬ 

mitted; commission to direct rates, 
etc., when; recourse to courts, etc. 

196. Power of commission to compel com¬ 

pliance with laws and regulations; 
present liabilities of utilities not re¬ 
lieved, etc. 

197. Action of commission on proposed changes 

of laws. 

198. Physical valuation of utilities; report of 

commission. 

199. Valuation of property in use; public 

hearings to determine, etc.; revalua¬ 
tion. 

200. U nif orm system of accounting; form of 

accounts blanks, etc., to be prescribed 1 
by commissiom. 

201. Office for records of public utility re¬ 

quired; removal of books from Dis¬ 
trict forbidden, exception. 

202. Annual balance sheet to be filed, etc. 

203. Auditing of accounts; authority of ex¬ 

aminers. 

204. Depreciation account required; use of 

depreciation fund; restriction, etc. 

205. New construction, etc., by public util- , 

ities; duty of commission. 


Sec. 

206. Sliding scale of rates and dividends per¬ 

mitted, when; supervision, etc., of 
commission. 

207. Itemized reports to be made; details of. 

208. Annual reports of proceedings of com¬ 

mission required ^valuations, rates, etc., 
included in. 

209. Standards of service to be established by 

commission. 

210. Tests by commission; appliances and 

apparatus for; authority and fees. 

211. Schedules of rates, etc., to be filed with 

commission; restriction of charges; 
rules affecting rates, etc.; public dis¬ 
play of. 

212. Schedules of joint rates, etc.; changes 

restricted. 

213. New schedules to be filed. 

214. Charges greater or less than in schedules 

unlawful, etc.; forms of schedules may 
be changed by commission. 

215. Regulation of inspections, etc. 

216. Production of papers, etc., from outside 

the District; penalty for refusal. 

217. Attendance of witnesses; duty of district 

attorneys, etc. 

218. Commission may appoint agents to con¬ 

duct investigations; power, authority, 
and effect of recommendations of. 

219. Information required of utilities. 

220. Investigation of alleged unreasonable 

rates, schedules, etc.; notification of 
complaint, hearings, etc. 

221. Commission’s order substituting just and 

reasonable rates, charges, and time 
schedules; extension of service; notice 
to utility required. 

222. If rates found unjust, utility bears ex¬ 

penses of investigation. 

223. Separate hearings of complaints. 

224. Summary investigation; notification for, 

and conduct of, proceedings in formal 
hearings. 

225. Complaint by a public utility. 

226. Power of commission and its agents in 

administering oaths and issuing sub¬ 
poenas; attachment in case of disobe¬ 
dience of witness, etc. 

227. Witness fees. 

228. Depositions. 

229. Record of proceedings; stenographer to 

be appointed, when. 

230. Certified transcript of proceedings to be 

filed in court. 

231. Effect of stenographer’s certified tran¬ 

script as evidence. 


396 















REPORT OF THE COMMISSION. 


Sec. 

232. Commission to approve transfer of fran¬ 

chises, effect of transfers; restriction on 
acquiring stock of other utilities. 

233. Commission to have supervision of gas 

and electric corporations. 

234. Commission’s investigations in ascertain¬ 

ing quality and quantity of products of 
corporations; power to order improve¬ 
ment, etc. 

235. Commission to fix standards for products; 

penalty for divulging information by 
agent. 

236. Authority of commission required for 

construction of new plants. 

237. Inspectors of gas meters; appointment 

and duties. 

238. Inspectors of electric meters; appoint¬ 

ment and duties. 

239. Utility to provide testing facilities. 

240. Inspection of meters on complaints, ex¬ 

penses of; rules and regulations pre¬ 
scribed by commission. 

241. Effect of excessive price in actions for 

collection of charges. 

242. Appointment and removal of inspectors 

of gas and meters and assistant in¬ 
spectors vested in commission; salaries 
of inspectors. 

243. Schedules of utilities to conform to orders 

of commission. 

244. Alterations of rates, schedules, etc., may 

be made by commission. 

245. Rates, etc., prima facie reasonable. 

246. True valuation, proceedings in equity to 

determine elements of. 

247. Proceedings in equity against orders, etc., 

of commission. 

248. Precedence to be given cases; appeals; 

suspension of decision; commission 
relieved from costs and liability for 
damages, etc. 

249. Time limit for actions against orders of 

commission. 

250. Issue of injunctions restricted. 

251. Introduction of new evidence, proceed¬ 

ings in case of. 

252. Effect of commission’s action in rescind¬ 

ing, amending, or changing order. 

253. Burden of proof on party adverse to com¬ 

mission. 

254. No person excused from testifying; im¬ 

munity from prosecution to natural 
persons; no exemption from perjury. 

255. Effect of copies of orders of commission. 

256. Liens on property subject to control, etc., 

of commission. 

257. Issuance of stock, etc., of public utility 

on authority of commission; record of 
certificates required; stock dividends, 
etc., forbidden. 


Sec. 

258. Reorganizations; restriction on issue of 

stock, etc., for purposes of consolida¬ 
tion. 

259. Application of proceeds of stock; issues 

contrary to provisions void. 

260. Penalty for illegally issuing stock, etc. 

261. Making false statements to secure issue 

of stock, etc., a felony; punishment. 

262. Discrimination in charges, etc., prohib¬ 

ited; penalty. 

263. Deductions for facilities furnished un¬ 

lawful; renting incidental facilities 
excepted. 

264. Rebates, etc., unlawful; penalty. 

265. Refusal to furnishinformation, penalty for. 

266. Penalty for violating provisions of this 

chapter; responsibility for acts of 
officers. 

267. Penalty for injury, etc., to apparatus of 

commission. 

268. Every day of failure to comply with 

orders a separate offense. 

269. Authority of commission to regulate 

charges, etc. 

270. Public utility to make report of acci¬ 

dents; investigation by commission. 

271. Inquiry by commission into 'violation of 

laws, etc., by utilities. 

272. Corporation counsel general counsel for 

commission; additional compensation; 
duties of. 

273. Provisions of this chapter to be construed 

liberally; additional powers of com¬ 
mission; substantial compliance suffi¬ 
cient; each section declared inde¬ 
pendent. 

274. No release of rights, etc., under other 

laws; penalties, etc., cumulative. 

275. Rates not to be increased; application for 

changes; proceedings in court, etc. 

276. Office force; incidental expenses; dis¬ 

bursements, etc. 

277. Commission to have powers over street 

railways; orders, etc., continued in 
force. 

278. Power to order repairs, improvements, 

etc., by public utilities. 

279. Powers of commission vested in Commis¬ 

sioners of the District; authority per¬ 
manent, etc.; organization of commis¬ 
sion, etc. 

280. Interest of commissioner in public utility, 

stock, etc., forbidden; oath of officers. 

281. Appropriations for expenses, half from 

District revenues. 

282. Authority, etc., of District Commission¬ 

ers continued in force. 

283. Boards of directors of utilities limited. 
234. Charters, laws, etc., continued. 

285. Pending actions not affected. 


298 















■. c 


* * 



EXISTING LAW. 








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299 

















“Commission.” 


“C o m m i s - 
sioner.” 


“Public util¬ 
ity.” 


“Service.” 


“Corporation.” 


“Person.” 


REPORT OF THE COMMISSION. 

1 Sec. 171. For the purpose of this chapter the term 

2 “commission” when used herein shall mean the public utili- 

3 ties commission of the District of Columbia created by this 

4 chapter. [4 Mar., 1913, 37 Stat. L., 974, c. 150, s. 8, par. 1.] 

5 Sec. 172. The term “commissioner” when used in 

6 this chapter shall mean one of the members of such com- 

7 mission. [4 Mar., 1913, 37 Stat. L., 974, c. 150, s. 8, par. 1.] 

8 Sec. 173. The term “public utility” as used in this 

9 chapter shall mean and embrace every street railroad, street 

10 railroad corporation, common carrier, gas plant, gas corpora- 

11 tion, electric plant, electrical corporation, water power com- 

12 pany, telephone corporation, telephone line, telegraph cor- 

13 poration, telegraph line, and pipe line company. [4 Mar., 

14 1913, 37 Stat. L., 974, c. 150, s. 8, par. 1.] 

15 Sec. 174. The term “service” is used in this chapter 

16 in its broadest and most inclusive sense. [4 Mar., 1913, 37 

17 Stat. L., 974, c. 150, s. 8, par. 1.] 

18 Sec. 175. The term “corporation” when used in this 

19 chapter includes a corporation, company, association, and 

20 joint-stock company or association. [4 Mar., 1913, 37 Stat. 

21 L., 974, c. 150, s. 8, par. 1.] 

22 Sec. 176. The word “person” when used in this 

23 chapter includes an individual and a firm or copartnership. 

24 [4 Mar., 1913, 37 Stat. L., 974, c. 150, s. 8, par. 1.] 


300 


EXISTING LAW. 


SEC. 171. 


CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4,1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, s. 8, par. 1. 


Sec. 8. Par. 1. That for the purpose of this section the term 
“commission” when used herein shall mean the public utilities com¬ 
mission of the District of Columbia created by this section. 


Meaning of 
terms. 

“Commission.” 


SEC. 172. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, s. 8, par. 1. 

The term “commissioner” when used in this section shall mean . “C om mis- 
one of the members of such commission. sioner. 

SEC. 173. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, s. 8, par. 1. 

The term “public utility” as used in this section shall mean and . “Public util- 
embrace every street railroad, street railroad corporation, common lty - 
carrier, gas plant, gas corporation, electric plant, electrical corpora¬ 
tion, water power company, telephone corporation, telephone line, 
telegraph corporation, telegraph line, and pipe line company. 


SEC. 174. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, s. 8, par. 1. 

The term “service” is used in this section in its broadest and most “Service.” 
inclusive sense. 


SEC. 175. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, s. 8, par. 1. 

The term “corporation” when used in this section includes a cor- “Corporation.” 
poration, company, association, and joint-stock company or asso¬ 
ciation. 


SEC. 176. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, s. 8, par. 1. 

The word “person” when used in this section includes an indi- “Person.” 
vidual and a firm or copartnership. 



REPORT OF THE COM31ISSION. 


“Joint rates.'*’ 


“Extension o 
extensions.” 


“Street rail 
road.” 


1 Sec. 177. The term “joint rates” when used in this 

2 chapter with reference to street railways shall be taken to 

3 mean rates between unrelated lines now in effect under 

4 existing law or under contract, or which may hereafter be 

5 specifically authorized by law. [4 Mar., 1913, 37 Stat. L., 

6 974, c. 150, s. 8, par. 1.] 

r 7 Sec. 178. The term “ extension or extensions” when 

8 used in this chapter shall include the reasonable extension of 

9 the service and facilities of every street railroad, street rail- 

10 road corporation, gas plant, gas corporation, electric plant, 

11 electrical corporation, telephone corporation, telephone line, 

12 telegraph line, and telegraph corporation as the same are 

13 defined in this chapter. [4 Mar., 1913, 37 Stat. L., 974, c. 

14 150, s. 8, par. 1.] 

- 15 Sec. 179. The term “street railroad” when used in this 

16 chapter includes every such railroad, whether wholly or partly 

17 in the District of Columbia, by whatsoever power operated, or 

18 any extension or extensions, branch or branches thereof, for 

19 public use in the conveyance of persons or property for com- 

20 pensation, and includes all equipment, construction, main- 

21 tenance, repairs, switches, spurs, tracks, terminals, terminal 

22 facilities of every kind, trackage, joint or reciprocal trackage, 

23 transfers of passengers between street railways having con- 

24 necting lines and street railways having independent lines, 


EXISTING LAW. 


SEC. 177. 

CHAP. 150.—An Act Making appropriations to.provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, s. 8, par. 1. 

The term “joint rates” when used in this section with reference “Jointrates.” 
to street railways shall be taken to mean rates between unrelated 
lines now in effect under existing law or under contract, or which may 
hereafter be specifically authorized by law. 


SEC. 178. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “extension or extensions” when used in this section shall “Extension o r 
include the reasonable extension of the service and facilities of every extellslons -” 

. street railroad, street railroad corporation, gas plant, gas corporation, 
electric plant, electrical corporation, telephone corporation, telephone 
line, telegraph line, and telegraph corporation as the same are defined 
in this section. 


SEC. 179. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “street railroad” when used in this section includes “Street rail- 
every such railroad, whether wholly or partly in the District of Colum- road - ” 
bia, by whatsoever power operated, or any extension or extensions, 
branch or branches thereof, for public use in the conveyance of per¬ 
sons or property for compensation, and includes all equipment,, 
construction, maintenance, repairs, switches, spurs, tracks, terminals, 
terminal facilities of every kind, trackage, joint or reciprocal trackage, 
transfers of passengers between street railways having connecting 
lines and street railways having independent lines, subways, tunnels, 
and stations, used, operated, or owned by or in connection with any 
such street railroad, and all the property of the same used in the 
conduct of its business. 


303 




REPORT OF THE COMMISSION. 


“Street railroad 
corporation.” 


“Common 

carrier.” 


1 subways, tunnels, and stations, used, operated, or owned by 

2 or in connection with any such street railroad, and all the 
8 property of the same used in the conduct of its business. [4 

4 Mar., 1913, 37 Stat. L., 975, c. 150, s. 8, par. 1.] 

5 Sec. 180. The terms “street railroad corporation” 

6 when used in this chapter includes every corporation, com- 

7 pany, association, joint-stock company or association, part- 

8 nership, and person doing business in the District of Columbia, 

9 their lessees, trustees, or receivers, appointed by any court 

10 whatsoever, owning, operating, controlling, or managing any 

11 street railroad or any cars or other equipment used thereon 

12 or in connection therewith. [4 Mar. 1913, 37 Stat. L., 

13 975, s. 8, par. 1.] 

14 Sec. 181. The term “common carrier” when used 

15 in this chapter includes express companies and every cor- 

16 poration, street railroad corporation, company, association, 

17 joint-stock company or association, partnership, and person, 

18 their lessees, trustees, or receivers, appointed by any court 

19 whatsoever, owning, operating, controlling, or managing any 

20 agency or agencies for public use for the conveyance of per- 

21 sons or property within the District of Columbia for hire. 

22 Steam railroads, the Washington Terminal Company, and 

23 the Norfolk and Washington Steamboat Company, and all 

24 companies engaged in interstate traffic upon the Potomac 

25 River and Chesapeake Bay are excluded from the operation 

304 




EXISTING LAW. 


SEC. 180. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The terms “street railroad corporation” when used in this section “Street railroad 
includes every corporation, company, association, joint-stock com- corporation. ” 
pany or association, partnership, and person doing business in the 
District of Columbia, their lessees, trustees, or receivers, appointed 
by any court whatsoever, owning, operating, controlling, or managing 
any street railroad or any cars or other equipment used thereon or 
in connection therewith. 


\ 


SEC. 181. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “common carrier” when used in this section includes “0 o^m m o n 
express companies and every corporation, street railroad corpora- carner - ” 
tion, company, association, joint stock company or association, 
partnership, and person, their lessees, trustees, or receivers, ap¬ 
pointed by any court whatsoever, owning, operating, controlling, or 
managing any agency or agencies for public use for the conveyance 
of persons or property within the. District of Columbia for hire. 

Steam railroads, the Washington Terminal Company, and the Nor¬ 
folk and Washington Steamboat Company, and all companies 
engaged in interstate traffic upon the Potomac River and Chesapeake 
Bay are excluded from the operation of this section, and are not 
included in the term “common carrier.” 


68693—14-39 


305 


“Gas plant.” 


“Gas corpora¬ 
tion.” 


REPORT OF THE COMMISSION. 

1 of this chapter , and are not included in the term “common 

2 carrier.’’ [4 Mar. 1913, 37 Stat. L., 975, s. 8, par. 1.] 

3 Sec. 182. The term “gas plant” when used in this 

4 chapter includes all buildings, easements, real estate, mains, 

5 pipes, conduits, service pipes, services, pipe galleries, meters, 

6 boilers, water-gas sets, retorts, fixtures, condensers, scrub- 

7 bers, purifiers, holders, materials, apparatus, personal prop- 

8 erty, and franchises, and property of every kind used in the 

9 conduct of the business operated, owned, controlled, used 

10 or to be used for or in connection with or to facilitate the 

11 manufacture, distribution, sale, or furnishing of gas (natural 

12 or manufactured) for light, heat, or power. [4 Mar., 1913, 

13 37 8tat. L., 975, s. 8, par. 1.] 

14 Sec. 183. The term “gas corporation” when used in 

15 this chapter includes every corporation, company, association, 

16 joint stock company or association, partnership, or person 

17 manufacturing, making, distributing, or selling gas for light, 

18 heat, or power, or for any public use whatsoever in the Dis- 

19 trict of Columbia, their lessees, trustees, or receivers, ap- 

20 pointed by any court whatsoever, and in said district owning, 

21 operating, controlling, or managing any gas plant, except 

22 where the gas is made or produced and distributed by the 

23 maker on or through private property solely for its own use 

24 or the use of its tenants and not for sale to or for the use of 

25 others. [4 Mar., 1913, 37 Stat. L., 975, s. 8, par. 1.] 


306 


EXISTING LAW. 


SEC. 182. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L.. pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “gas plant’’ when used in this section includes all “Gas plant.” 
buildings, easements, real estate, mains, pipes, conduits, service 
pipes, services, pipe galleries, meters, boilers, water-gas sets, retorts, 
fixtures, condensers, scrubbers, purifiers, holders, materials, appa¬ 
ratus, personal property, and franchises, and property of every kind 
used in the conduct of the business operated, owned, controlled, used 
or to be used for or in connection with or to facilitate the manufac¬ 
ture, distribution, sale, or furnishing of gas (natural or manufactured) 
for light, heat, or power. 


SEC. 183. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “gas corporation” when used in this section includes .“Gas corpora- 
every corporation, company, association, joint stock company or tlon - 
association, partnership, or person manufacturing, making, distrib¬ 
uting, or selling gas for light, heat, or power, or for any public use 
whatsoever in the District of Columbia, their lessees, trustees, or 
receivers, appointed by any court whatsoever, and in said district 
owning, operating, controlling, or managing any gas plant, except 
where the gas is made or produced and distributed by the maker oa 
or through private property solely for its own use or the use of its 
tenants and not for sale to or for the use of others. 


307 


REPORT OF THE COMMISSION. 


“Electri 

plant.” 


'‘Electrical 

poration.” 


c 1 Sec. 184. The term “electric plant” when used in 

2 this chapter includes all engines, boilers, dynamos, generators, 

3 storage batteries, converters, motors, transformers, cables. 

4 wires, poles, lamps, meters, easements, leal estate, fixtures, 

5 and personal property, materials, apparatus, and devices of 

6 every kind operated, owned, used or to be used for or in 

7 connection with or to facilitate the generation, transmission, 

8 distribution, sale, or furnishing of electricity for light, heat, 

9 or power, and any conduits, ducts, or other devices, materials, 

10 apparatus, or property for containing, holding, or carrying 

11 electrical conductors used or to be used wholly or in part for 

12 the transmission of electricity for light, heat, or power, except 

13 where electricity is made, generated, produced, or trans- 

14 mitted by a private person or private corporation on or through 

15 private property solely for its own use or the use of tenants 

16 of its building and not for sale to or for the use of others. 

17 [4 Mar., 1913, 37 Stat. L., 975, c. 150, s. 8, par. 1J 

*-18 Sec. 185. The term “electrical corporation” when 

19 used in this chapter includes every corporation, company, 

20 association, joint-stock company or association, partnership, 

21 or person doing business in the District of Columbia, their 

22 lessees, trustees, or receivers, appointed by any court what- 

23 soever, owning, operating, controlling, or managing any 

24 electric plant, including any water plant, or water property, 


308 


EXISTING LAW. 


SEC. 184. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
xnent of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “electric plant” when used in this section includes all “ Electric 
engines, boilers, dynamos, generators, storage batteries, converters, P lant - ” 
motors, transformers, cables, wires, poles, lamps, meters, easements, 
real estate, fixtures, and personal property, materials, apparatus, 
and devices of every kind operated, owned, used or to be used for or 
in connection with or to facilitate the generation, transmission, 
distribution, sale, or furnishing of electricity for bght, beat, or power, 
and any conduits, ducts, or other devices, materials, apparatus, or 
property for containing, bolding, or carrying electrical conductors 
used or to be used wholly or in part for the transmission of electricity 
for light, heat, or power, except where electricity is made, generated, 
produced, or transmitted by a private person or private corporation 
on or through private property solely for its own use or the use of 
tenants of its building and not for sale to or for the use of others. 


SEC. 185. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “electrical corporation” when used in this section “Electrical cor- 
includes every corporation, company, association, joint-stock com- P ora,um - 
pany or association, partnership, or person doing business in the 
District of Columbia, their lessees, trustees, or receivers, appointed 
by any court whatsoever, owning, operating, controlling, or managing 
any electric plant, including any water plant, or water property, or 
water falls, or dam, or water-power stations, except where electricity 
is made, generated, produced, or transmitted by a private person or 
private corporation on or through private property solely for its 
own use or the use of tenants of its building and not for sale to or for 
the use of others. 


309 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

“Water - power H 
company.” 

8 

9 

• 10 
11 
12 

13 

14 

15 

16 

“Telephone 17 
corporation.” 

18 

19 

20 
21 
22 
23 


24 


or water falls, or dam, or water-power stations, except where 
electricity is made, generated, produced, or transmitted by 
a private person or private corporation on or through private 
property solely for its own use or the use of tenants of its 
building and not for sale to or for the use of others. [4 Mar., 
1913, 37 Stat. L., 976, c. 150, s. 8, par. l.J 

Sec. 186. The term “water-power company” when 
used in this chapter includes every corporation, company, 
association, joint-stock company or association, partnership, 
and person, their lessees, trustees, or receivers, appointed by 
any court whatsoever, owning, operating, managing, or con¬ 
trolling any plant or property, dam or water supply, canal, or 
power station for the development of water power for the 
generation of electrical current or other power or for the 
distribution or sale of such electrical current or other power. 
[4 Mar., 1913, 37 Stat. L., 976, c. 150, s. 8, par. 1.] 

Sec. 187. The term “telephone corporation” when 
used in this chapter includes every corporation, company, 
association, joint-stock company or association, partnership, 
and persons, their lessees, trustees, or receivers, appointed 
by any court whatsoever, owning, operating, controlling, or 
managing any plant, wires, poles for the reception, trans¬ 
mission, or communication of messages by telephone, tele¬ 
phonic apparatus or instruments, or any telephone line or 


310 


EXISTING EAW. 


SEC. 186. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
raent of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term ‘‘water-power company” when used in this section in- “Water - power 
eludes every corporation, company, association, joint-stock company com P an y ” 
or association, partnership, and person, then- lessees, trustees, or 
receivers, appointed by any court whatsoever, owning, operating, 
managing, or controlling any plant or property, dam or water supply, 
canal, or power station for the development of water power for the 
generation of electrical current or other power or for the distribution 
or sale of such electrical current or other power. 


/ 


SEC. 187. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “telephone corporation” when used in this section in- “Telephone 
eludes every corporation, company, association, joint-stock com- cor P oratlon ' 
pany or association, partnership, and persons, then- lessees, trustees, 
or receivers, appointed by any court whatsoever, owning, operating, 
controlling, or managing any plant, wires, poles for the reception, 
transmission, or communication of messages by telephone, telephonic 
apparatus or instruments, or any telephone line or part of telephone 
line, used in the conduct of the business of affording telephonic com¬ 
munication for hire, or which licenses, lets, or permits telephonic 
communication for hire. 



REPORT OF THE COMMISSION. 


1 

2 

3 

4 

“Telephone 5 
line.” 

6 

7 

8 
9 

10 

11 

12 

13 

14 

“Telegraph 15 

corporation.” 

16 

17 

18 

19 

20 
21 
22 

23 

24 


part of telephone line, used in the conduct of the business 
of affording telephonic communication for hire, or which 
licenses, lets, or permits telephonic communication for hire. 
[4 Mar., 1913, 37 Stat. L., 976, c. 150, s. 8, par. 1.] 

Sec. 188. The term “telephone line” when used in 
this chapter includes conduits, ducts, poles, wires, cables, cross 
arms, receivers, transmitters, instruments, machines, and 
appliances, and all devices, real estate, franchises, easements, 
apparatus, fixtures, property, appurtenances, and routes used, 
operated, controlled, or owned by any telephone corporation 
to facilitate the business of affording telephonic communica¬ 
tion for hire, or which licenses, lets, or permits telephonic 
communication. [4 Mar., 1913, 37 Stat. L., 976, c. 150, s. 
8, par. 1.] 

Sec. 189. The term “telegraph corporation” when 
used in this chapter includes every corporation, company, 
association, joint-stock company or association, partnership, 
and person, their lessees, trustees, or receivers, appointed by 
any court whatsoever, owning, operating, controlling, or 
managing any plant, wires, poles, or property for the purposes 
of communication, or of transmitting or receiving messages by 
telegraph, or by any telegraphic apparatus or instrument, or 
any telegraph line or part of telegraph line used in the con¬ 
duct of the business of affording for hire communication by 


312 


EXISTING LAW. 


SEC. 188. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 99(i, c. 150, a. 8, 

par. 1. 

Tho term “telephone line” when used in this section includos con- “Telephone 
duits, ducts, poles, wires, cables, cross arms, receivers, transmitters, ** ne -” 
instruments, machines, and appliances, and all devices, real estate, 
franchises, easements, apparatus, fixtures, property, appurtenances, 
and routes used, operated, controlled, or owned by any telephone 
corporation to facilitate the business of affording telephonic commu¬ 
nication for hire, or which licenses, lets, or permits telephonic com¬ 
munication. 


SEC. 189. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “telegraph corporation” when used in this section “Telegraph 
includes every corporation, company, association, joint-stock com- corporation, 
pany or association, partnership, and person, their lessees, trustees, 
or receivers, appointed by any court whatsoever, owning, operating, 
controlling, or managing any plant, wires, poles, or property for the 
puiposes of communication, or of transmitting or receiving mes¬ 
sages by telegraph, or by any telegraphic apparatus or instrument, 
or any telegraph line or part of telegraph line used in the conduct 
of the business of affording for hire communication by telegraph, or 
which licenses, lets, or permits telegraphic communication for hire. 


6SC93—14-40 


313 



REPORT OF THE COMMISSION. 


1 

2 

3 

“Telegraph q 
line.” 

5 

6 

7 

8 
9 

10 

11 

“Pipe-line com- ^2 
pany.” 

13 

14 

15 

16 

17 

18 

19 

20 


telegraph, or which licenses, lets, or permits telegraphic 
communication for hire. [4 Mar., 1913, 37 Stat. L., 976, c. 
150, s. 8, par. 1.] 

Sec. 190. The term “telegraph line” when used in 
this chapter includes conduits, ducts, poles, wires, cables, 
cross arms, instruments, machinery, appliances, and all de¬ 
vices, real estate, franchises, easements, apparatus, fixtures, 
property, and routes used, operated, controlled, or owned by 
any telegraph corporation to facilitate the business of affording 
communication by telegraph for hire. [4 Mar., 1913, 37 
Stat. L., 976, c. 150, s. 8, par. 1.] 

Sec. 191. The term “pipe-line company” when used 
in this chapter includes every corporation, company, associa¬ 
tion, joint-stock company or association, partnership, or 
person, their lessees, trustees, or receivers, appointed by any 
court whatsoever, owning, operating, managing, or controlling 
the supply of any liquid, steam, or air through pipes or tubing 
to consumers for use or for lighting, heating, or cooling pur¬ 
poses, or for power. [4 Mar., 1913, 37 Stat. L., 976, c. 150, 
s. 8, par. 1.] 


Applicable to 21 
transpotation 
within the District. 

No conflict with 
interstate com- 
merce. 

23 


24 


Sec. 192. This chapter shall apply to the transporta¬ 
tion of passengers, freight, or property from one point to 
another within the District of Columbia, and any common 
carrier performing such service; and shall be so applicable 


314 


EXISTING LAW. 


SEC. 190. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “telegraph line” when used in this section includes con- “Telegraph 
duits, ducts, polos, wires, cables, cross arms, instruments, machinery, line - ” 
appliances, and all devices, real estate, franchises, easements, appa¬ 
ratus, fixtures, property, and routes used, operated, controlled, or 
owned by any telegraph corporation to facilitate the business of 
affording communication by telegraph for hire. 


SEC. 191. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
‘ ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

The term “pipe-line company” when used in this section includes “Pipe-line com- 
every corporation, company, association, joint-stock company or P an - V - 
association, partnership, or person, their lessees, trustees, or receivers, 
appointed by any court whatsoever, owning, operating, managing, 
or controlling the supply of any liquid, steam, or air through pipes 
or tubing to consumers for use or for lighting, heating, or cooling 
purposes, or for power. 


SEC. 192. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, 3. 8, 

par. 1. 

This section shall apply to the transportation of passengers, freight, Applicable t o 
or property from one point to another within the District ol Columbia, ^^in the District! 
and any common carrier performing such service; and this section No conflict with 
shall be so applicable and be so construed as to be free from conflict interstate c o m - 
with those provisions of the Constitution of the United btates and nierce. 
the laws in pursuance thereof relating to interstate commerce. 


Corporations not 
transacting busi¬ 
ness, etc., in¬ 
cluded. 


Service and fa¬ 
cilities to be safe, 
adequate, and rea¬ 
sonable. 


Discriminations 

unlawful. 


REPORT OF THE COMMISSION. 

1 and be so construed as to be free from conflict with those pro- 

2 visions of the Constitution of the United States and the laws 

3 in pursuance thereof relating to interstate commerce. [4 Mar., 

4 1913, 37 Stat. L., 977, c. 150, s. 8, par. 1J 

5 Sec. 193. Corporations formed to acquire property or 

6 to transact business which would be subject to the provisions 

7 of this chapter , and corporations possessing franchises for any 

8 of the purposes contemplated by this chapter shall be deemed 

9 to be subject to the provisions of this chapter , although no 

10 property may have been acquired, business transacted, or 

11 franchises exercised. [4 Mar., 1913, 37 Stat. L., 977, c. 

12 150, s. 8, par. 1.] 

13 Sec. 194. Every public utility doing business within 

14 the District of Columbia is required to furnish service and 

15 facilities reasonably safe and adequate^ and in all respects 

16 just and reasonable. The charge made hy any such public 

17 utility for any facility or services furnished or rendered, or to 

18 be furnished or rendered, shall be reasonable, just, and non- 

19 discriminatory. Every unjust or unreasonable or discrimi- 

20 natory charge for such facility or service is prohibited and is 

21 hereby declared unlawful. Every public utility is hereby 

22 required to obey the lawful orders of the commision created 

23 by this chapter. [4 Mar., 1913, 37 Stat. L., 977, c. 150, s. 

24 8, par. 2.] 


316 


EXISTING LAW. 


SEC. 193. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 1. 

Corporations formed to acquire property or to transact business Corporations not 
which would be subject to the provisions of this section, and corpo- transac1ai l g kuai- 
rations possessing franchises for any of the purposes contemplated eluded. ° ° ’ m " 
by this section shall be deemed to be subject to the provisions of this 
section, although no property may have been acquired, business 
transacted, or franchises exercised. 


SEC. 194. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 2. 

Par. 2. That every public utility doing; business within the District Service and fa- 
of Columbia is required to furnish service and facilities reasonably c ^ ties tu be safe, 
safe and adequate and in all respects j ust and reasonable. The charge so liable. 6 ’ a ° rea * 
made by any such public utility for any facility or services furnished 
or rendered, or to be furnished or rendered, shall be reasonable, just, 
and nondiscriminatory. Every unjust or unreasonable or discrimi- Discriminations 
natory charge for such facility or service is prohibited and is hereby ulllawful - 
declared unlawful. Every public utility is hereby required to obey 
the lawful orders of the commission created by this section. 


317 


REPORT OF THE C03IMISSI0X. 


Mutual use of 
tracks, facilities, 
etc., to be per¬ 
mitted. 


Commission t o 
direct rates, etc., 
on failure of par¬ 
ties to agree. 


Recourse to 
courts, etc. 


1 Sec. 195. Every public utility doing business in the 

2 District of Columbia having tracks, conduits, subways, poles, 

3 wires, switchboards, exchanges, works, or other equipment 

4 shall, for a reasonable compensation, permit the use of the 

5 same by any other public utility whenever public convenience 

6 and necessity require such use, and such use will not result 

7 in irreparable injury to the owners or other users of such 

8 equipment; nor in any substantial detriment to the service 

9 to be rendered by such owners or other users. In case of 

10 failure to agree upon such use, or the conditions or compen- 

11 sation for such use, any public utility or any person, firm, ‘ 

12 copartnership, association, or corporation interested may 

13 apply to the commission, and if after investigation the com- 

14 mission shall ascertain that public convenience and necessity 

15 require such use and that it would not result in irreparable 

16 injury to the owmers or other users of such equipment nor in 

17 any substantial detriment to the service to be rendered by 

18 such owners or other users of such equipment, it shall by 

19 order direct that such use be permitted and prescribe the 

20 conditions and compensation for such joint use. Such use 

21 so ordered shall be permitted and such conditions and com- 

22 pensation so prescribed shall be the lawful conditions and 

23 compensation to be observed, followed, and paid, subject to 

24 recourse to the courts upon the complaint of any interested 

318 




EXISTING LAW. 




SEC. 195. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 3. 

Par. 3. That every public utility doing business in the District of Mutual use of 
Columbia having trucks, conduits, subways, poles, wires, switch- ^ ks ’ to ^^er’ 
boards, exchanges, works, or other equipment shall, for a reasonable mitted° K ,X ' 
compensation, permit the use of the same by any other public utility 
whenever public convenience and necessity require such use, and such 
use will not result in irreparable injury to the owners or other users 
of such equipment; nor in any substantial detriment to the service 
to be rendered by such owners or other users. In case of failure to Commission to 
agree upon such use, or the conditions or compensation for such use, dirc T t rates , etc - 
any public utility or any person, firm, copartnership, association, or t ; es t0 a „ ree 
corporation interested may apply to the commission, and if after 
investigation the commission shall ascertain that public convenience 
and necessity require such use and that it would not result in irrep¬ 
arable injury to the owners or other users of such equipment nor 
in any substantial detriment to the service to be rendered by such 
owners or other users of such equipment, it shall by order direct that 
such use be permitted and prescribe the conditions and compensation 
for such joint use. Such use so ordered shall be permitted and such Recourse to 
conditions and compensation so prescribed shall be the lawful con- C0lirts > etc - 
ditions and compensation to be observed, followed, and paid, subject 
to recourse to the courts upon the complaint of any interested party, 
as hereinafter provided, winch provisions, so far as applicable, shall 
apply to any action arising on such complaint so made. Any such Revision of 
order of the commission may be from time to time revised by the order?- 
commission upon application of any interested party or upon its own 
motion after hearing and notice by order in writing. 



319 





Revision of 
orders. 


Power to compel 
compliance with 
laws and regula¬ 
tions. 


Proviso. 

Utilities not re¬ 
lieved from pres¬ 
ent liabilities, etc. 


REPORT OF THE COMMISSION. 

1 party, as hereinafter provided, ‘which provisions, so far as 

2 applicable, shall apply to any action arising on such complaint 

3 so made. Any such order of the commission may be from 

4 time to time revised by the commission upon application of 

5 any interested party or upon its own motion after hearing 

6 and notice by order in writing. [4 Mar., 1913, 37 Stat. L., 

7 977, c. 150, s. 8, par. 3.] 

8 Sec. 196. The commission shall have power, after 

9 hearing and notice by order in writing, to require and compel 

10 every public utility to comply with the provisions of this 

11 chapter, and with all other laws of the United States appli- 

12 cable, and any municipal ordinance or regulation relating to 

13 said public utility, and to conform to the duties upon it thereby 

14 imposed or by the provisions of its own charter, if any charter 

15 has or shall be granted: Provided , That nothing herein con- 

16 tained shall be held to relieve any public utility, its officers, 

17 agents, or servants, from any punishment, fine, forfeiture, or 

18 penalty for violation of any such law, ordinance, regulation, 

19 or duty imposed by its charter, nor to limit, take aw T ay, or 

20 restrict the j urisdiction of any court or other authority which 

21 now has or which may hereafter have power to impose any 

22 such punishment, fine, forfeiture, or penalty. [4 Mar., 1913, 

23 37 Stat. L., 977, c. 150, s. 8, par. 4.] 


320 


i 




EXISTING LAW. 


SEC. 196. 

CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stal. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 4. 

Pax. 4. That the commission shall have power, after hearing and Power to compel 
notice by order in writing, to require and compel every public utility re "^la 1 

to comply with the provisions of this section, and with all other laws ti on S s< ‘ ° u 
of the United States applicable, and any municipal ordinance or regu¬ 
lation relating to said public utility, and to conform to the duties 
upon it thereby imposed or by the provisions of its own charter, if any 
charter has or shall be granted it: Provided, That nothing herein con- Proviso. 
tained shall be held to relieve any public utility, its officers, agents,.. Utilities not re- 
or servants, from any punishment, line, forfeiture, or penalty lor vio- ent liabilities etc. 
lation of any such law, ordinance, regulation, or duty imposed by its 
charter, nor to limit, take away, or restrict the jurisdiction of any 
court or other authority which now has or which may hereafter have 
powder to impose any such punishment, fine, forfeiture, or penalty. 



GSCD3—14-41 


321 



Action of com- ^ 

mission on pro¬ 

posed changes of 
laws. 9 

8 

4 

5 

6 

7 

8 
9 

10 

Physical valua- X1 
tion of utilities. 

Original cost, 
etc. X2 

13 

14 

15 

Reconstruction. ^ Q 

17 

18 

19 

20 
21 


Stock, etc., 22 
issued. 

Details. 

23 

24 


REPORT OF THE COMMISSION. 

Sec. 197. Whenever any public utility or person shall 

\ 

propose any change in any law relating directly or indirectly 
to the property or operations of any public utility the said 
proposed change shall also and at the same time be submitted 
to the commission, which may take testimony and give a 
public hearing thereon, and the commission shall recom¬ 
mend such bills as will in its judgment protect the interests 
of the public and such public utility and transmit the same to 
the proper committees of the Senate and House of Representa¬ 
tives. [4 Mar., 1913, 37 Stat. L., 978, c. 150, s. 8, par. 5.] 

Sec. 198. The commission shall ascertain, as soon and 
as nearly as practicable, the amount of money expended in 
the construction and equipment of every public utility, 
including the amount of money expended to procure any right 
of way; also the amount of money it would require to secure 
the right of way, reconstruct any roadbed, track, depots, cars, 
conduits, subways, poles, wiles, switchboards, exchanges, 
offices, works, storage plants, power plants, machinery, and 
any other property or instrument not included in the fore¬ 
going enumeration used in~or useful to the business of such 
puclic utility, and to replace all the physical properties belong¬ 
ing to the public utility. It shall ascertain the outstanding 
stock, bonds, debentures, and indebtedness, and the amount, 
respectively, thereof, the date when issued, to whom issued, 


322 





EXISTING LAW. 


SEC. 197. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 5. 

Par. 5. That whenever any public utility or person shall propose Action of com- 
any change in any law relating directly or indirectly to the property I ^^ n c ha n we s Pr of 
or operations of any public utility the said proposed change snail also c ianges 0 
and at the same time be submitted to the commission, which may take 
testimony and give a public hearing thereon, and the commission shall 
recommend such bills as will in its judgment protect the interests of 
the public and such public utility and transmit the same to the proper 
committees of the Senate and House of Representatives. 


i 


SEC. 198. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 6. 

Par. 6. That the commission shall ascertain, as soon and as nearly . Physical valua- 
as practicable, the amount of money expended in the construction s t 

and equipment of every public utility, including the amount of money e t<\ Ugma ° ° * ’ 
expended to procure any right of way; also the amount of money it Reconstruction, 
would require to secure the right of way, reconstruct any roadbed, 
track, depots, cars, conduits, subways, poles, wires, switchboards, 
exchanges, offices, works, storage plants, power plants, machinery, and 
any other property or instrument not included in the foregoing enu¬ 
meration used in or useful to the business of such public utility, and to 
replace all the physical properties belonging to the public utility. It. Stock, etc., 
shall ascertain the outstanding stock, bonds, debentures, and indebt- l8S ^^ lg 
edness, and the amount, respectively, thereof, the date when issued, 1 
to whom issued, to whom sold, the price paid in cash, property, or 
labor therefor, what disposition was made of the proceeds, by whom 
the indebtedness is held, so far as ascertainable, the amount pur¬ 
porting to be due thereon, the floating indebtedness of the public 
utility, the credits due the public utility, other property on hand 
belonging to it, the judicial or other sales of said public utility, its 
property or franchises, and the amounts purporting to have been 
paid, and in what manner paid therefor, and the taxes paid thereon. 

The commission shall also ascertain in detail the gross and net income Receipts and 
of the public utility from all sources, the amounts paid for salaries to disbursements, 
officers and the wages paid to its employees, and the maximum hours 
of continuous service required of eaen class. At henever the informa- Report, 
tion required by this paragraph is obtained it shall be printed in the 
annual report of the commission. In making such investigation the 
commission may avail itself of any information in possession of any 
department of the Government of the United States or of the Com¬ 
missioners of the District of Columbia. 






323 


REPORT OF THE COMMISSION. 


Receipts a n 
disbursements. 


Report. 


Valuation 
property in use. 


1 to whom sold, the price paid in cash, property, or labor there- 

2 for, what disposition was made of the proceeds, by whom the 
8 indebtedness is held, so far as ascertainable, the amount pur- 

4 porting to be due thereon, the floating indebtedness of the 

5 public utility, the credits due the public utility, other property 

6 on hand belonging to it, the judicial or other sales of said 

7 public utility, its property or franchises, and the amounts 

8 purporting to have been paid, and in what manner paid there- 

9 for, and the taxes paid thereon. The commission shall also 

10 ascertain in detail the gross and net income of the public 

11 utility from all sources, the amounts paid for salaries to officers 

12 and the wages paid to its employees, and the maximum hours 

13 of continuous service required of each class. Whenever the 

14 information required by this section is obtained it shall be 

15 printed in the annual report of the commission. In making 

16 such investigation the commission may avail itself of any 

17 information in possession of any department of the Govern- 

18 ment of the United States or of the Commissioners of the 

19 District of Columbia. [4 Mar., 1913, 37 Stat. L., 978, c. 150, 

20 s. 8, par. 6.] 

21 Sec. 199. The commission shall value the property of 

22 every public utility within the District of Columbia actually ■ 

23 used and useful for the convenience of the public at the fair 

24 value thereof at the time of said valuation, and before final 


EXISTING LAAV. 


i 


SEC. 199. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. K0, s. 8, 

pars. 7, 8, 9. 

Par. 7. That the commission shall value the property of every Valuation of 
public utility within the District of Columbia actually used and P ro P ert y in use. 
useful for the convenience of the public at the fair value thereof at 
the time of said valuation. 

Par. 8. That before final determination of such value the commis- Public hearings 
sion shall, after notice of not less than thirty days to the public to determine - 



REPORT Of the commission. 


Public hearings 
to determine. 


Statement - of 
valuation. 


Proviso. 

Revaluation. 


Uniform system 
of accounting. 


Separation. 


1 determination of such value the commission shall, after notice 

2 of not less than thirty days to the public utility, hold a public 

3 hearing as to such valuation in the manner hereinafter pro- 

4 vided for a hearing, which provisions, so far as applicable, 

5 shall apply to such hearing. The commission shall, within 

6 ten days after such valuation is determined, serve a statement 

7 thereof upon the public utility interested, and shall file a 

8 like statement with the District Committees in Congress: 

9 Provided , That the commission may at any time, on its own 

10 initiative, make a revaluation of the property of any public 

11 utility. [4 Mar., 1913, 37 Stat. L., 978, c. 150, s. 8, pars. 

12 7, 8, and 9.] 

13 Sec. 200. Every public utility shall keep and render 

14 to the commission, in the manner and form prescribed by the 

15 commission, uniform accounts of all business transacted. 

16 Every public utility engaged directly or indirectly in any other 

17 business than that of the conduct of a street railway, or the 

18 production, transmission, or furnishing of heat, light, water, 

19 or power, or the conveyance of telegraph or telephone mes- 

20 sages, shall, if required by the commission, keep and render 

21 separately to the commission in like manner and form the 

22 accounts of all sucb other business, in which case all the 

23 provisions of this chapter shall apply with like force and 

24 effect to the books, accounts, papers, and records of such 


32G 


EXISTING LAW. 


utility, hold a public hearing as to such valuation in the manner here¬ 
inafter provided for a hearing, which provisions, so far as applicable, 
shall apply to such hearing. The commission shall, within ten days Statement of 
after such valuation is determined, serve a statement thereof upon va ^ ua ^°n- 
the public utility interested, and shall file a like statement with the 
District Committees in Congress. 

Par. 9. That the commission may at any time, on its own initia- Revaluation 
tive, make a revaluation of the property of any public utility. 




SEC. 200. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 10, 11, 12. 

Par. 10. That every public utility shall keep and render to the Uniform system 
commission, in the manner and form prescribed by the commission, accounting, 
uniform accounts of all business- transacted. Every public utility 
engaged directly or indirectly in any other business than that of the 
conduct of a street railway, or the production, transmission, or 
furnishing of heat, light, water, or power, or the conveyance of 
telegraph or telephone messages, shall, if required by the commission, 
keep and render separately to the commission in like manner and Separation, 
form the accounts of all such other business, in which case all the 
provisions of this section shall apply with like force and effect to the 
books, accounts, papers, and records of such other business. 

Par. 11. That the commission shall prescribe the forms of all books, Forms of ac- 
accounts, papers, and records required to be kept, and every public counts to be pre- 
utilitv is required to keep and render its books, accounts, papers, scribed - 
and records accurately and faithfully in the manner and form pre¬ 
scribed by the commission, and to comply with all directions of the 
commission relating to such books, accounts, papers, and records. 

In so far as practicable for the purposes of this section, the form pre¬ 
scribed shall be the form accepted by the Interstate Commerce Com¬ 
mission. 

Par. 12. That the commission shall cause to be prepared suitable Blanks, 
blanks for carrying out the purposes of this section, and shall wdien 
necessary furnish such blanks to each public utility. 




327 


REPORT OF THE COMMISSION. 


Forms of ac- 1 
counts to be pre¬ 
scribed. 

2 

8 

4 

5 

6 

7 

8 
9 

Blanks. 10 

11 

12 

18 

Office for rec- 14 
ords, etc. 

15 

16 
17 

Removal of 18 
books from District 
forbidden. 

19 

20 

21 

Proviso. 22 

Produc t i o n of 
papers, etc., by 
outside corpora- 23 
tions. 


24 


other business. The commission shall prescribe the forms 
of all books, accounts, papers, and records required to be kept, 
aiid every public utility is required to keep and render its 
books, accounts, papers, and records accurately and faithfully 
in the manner and form prescribed by the commission, and to 
comply with all directions of the commission relating to such 
books, accounts, papers, and records. In so far as practicable 
for the purposes of this chapter , the form prescribed shall be 
the form accepted by the Interstate Commerce Commission. 
The commission shall cause to be prepared suitable blanks 
for carrying out the purposes of this chapter , and shall when 
necessary furnish such blanks to each public utility. [4 Mar., 
1918, 87 Stat. L., 978, 979, c. 150, s. 8, pars. 10, 11, 12.] 
Sec. 201. Each public utility shall have an office 
within the District of Columbia in which it shall keep all 
such books, accounts, papers, and records.as shall be required 
by the commission to be kept within the District of Columbia. 
No books, accounts, papers, or records required by the com¬ 
mission to be kept within the District of Columbia shall be at 
any time removed from the District of Columbia, except upon 
such condition as may be prescribed by the commission: 
Provided , That public utilities operating in the District of 
Columbia and elsewhere who have their general or executive 
offices outside of the District, may continue to keep their 


328 



EXISTING LAW. 




SEC. 201. . 

CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, b. 8, 

par. 13. 

Par. 13. That each public utility shall have au office within the O f fice for 
District of Columbia in which it shall keep all such books, accounts, recor(ls > etc - 
papers, and records as shall be required by the commission to be 
kept within the District of Columbia. No books, accounts, papers, Removal of 
or records required by the commission to be kept within the District books from District 
of Columbia shall be at any time removed from the District of Colum- lur:)1 en ‘ 
bia, except upon such condition as may be prescribed by the com¬ 
mission: Provided, That public utilities operating in the District of Proviso. 
Columbia and elsewhere who have their general or executive offices a P ^ uc ^ n £ f _ 
outside of the District, may continue to keep their books, accounts, outside G corpora- 
records, and so forth, at their executive or general offices, such public tions. 
utilities being required, however, to produce before the commission 
such books, accounts, records, and papers from time to time as the 
commission may order. , 



68693—14-42 


329 





REPORT OF THE COMMISSION. 


Annual balance 
sheet to be filed, 
etc. 


Audit of ac¬ 
counts. 

Authority of ex¬ 
aminers. 


1 books, accounts, records, and so forth, at their executive or 

2 general offices, such public utilities being required, however, 

3 to produce before the commission such books, accounts, records, 

4 and papers from time to time as the commission may order. 

5 [4 Mar., 1913, 37 Stat. L., 979, c. 150, s. 8, par. 13.] 

6 Sec. 202. The accounts shall be closed annually on the 

7 thirty-first day of December, and a balance sheet of that date 

8 promptly taken therefrom. On or before the first day of 

9 February following such balance sheet, together with such 

10 other information as the commission shall prescribe, verified 

11 by an owner or officer of the public utility, shall be filed with 

12 the commission, and a copy thereof transmitted to Congress. 

13 [4 Mar., 1913, 37 Stat. L., 979, c. 150, s. 8, par. 14.] 

14 Sec. 203. The commission shall provide for the exami- 

15 nation and audit of all accounts, and all items shall be allo- 

16 cated to the accounts in the manner prescribed by the com- 

17 mission. The agents, accountants, or examiners employed 

18 by the commission shall have authority, under the direction 

19 of the commission, to inspect and examine any and all books, 

20 accounts, papers, records, and memoranda kept by such public 

21 utilities. [4 Mar., 1913, 37 Stat. L., 979, c. 150, s. 8, par. 

22 15.] 


330 


EXISTING LAW. 


SEC. 202. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 14. 

Par. 14. That the accounts shall be closed annually on the thirty- Annual balance 
first day of December, and a balance sheet of that date promptly t0 be file(i> 
taken therefrom. On or before the first day of February following 
such balance sheet, together with such other information as the com¬ 
mission shall prescribe, verified by an owner or officer of the public 
utility, shall be filed with the commission, and a copy thereof trans¬ 
mitted to Congress. 


SEC. 203. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 15. 

Par. 15. That the commission shall provide for the examination Audit of ac- 
and audit of all accounts, and all items shall be allocated to the couuts - 
accounts in the manner prescribed by the commission. The agents, Authority of ex¬ 
accountants, or examiners employed by the commission shall' have dimners - 
authority, under the direction of the commission, to inspect and 
examine any and all books, accounts, papers, records, and memoranda 
kept by such public utilities. 



331 


REPORT OF THE COMMISSION. 


Depreciation ac¬ 
count. 


Determina t i o n 
of. 


Use of deprecia¬ 
tion fund. 


Restriction. 


1 Sec. 204. Every public utility shall carry a proper 

2 and adequate depreciation account. The commission shall 

3 ascertain and determine what are the proper and adequate 

4 rates of depreciation of the several classes of property of -each 

5 public utility. These rates shall be such as will provide the 

6 amounts required over and above the expense of maintenance 

7 to keep such property in a state of efficiency corresponding to 

8 the progress of the industry. Each public utility shall con- 

9 form its depreciation accounts to such rates so ascertained and 

10 determined by the commission. The coimnission may make 

11 changes in such rates of depreciation from time to time as it 

12 may find to be necessary. The commission shall also pre- 

13 scribe rules, regulations, and forms of accounts regarding such 

14 depreciation which the public utility is required to carry into 

15 effect. The commission shall provide for such depreciation 

16 in fixing the rates, tolls, and charges to be paid by the public. 

17 All moneys in this fund may be expended in keeping the 

18 property of such public utility in repair and good and service- 

19 able condition for the use to which it is devoted, or invested, 

20 and, if invested, the income from the investments shall also 

21 be carried in the depreciation fund. This fund and the pro- 

22 ceeds thereof shall be used for no other purpose than as pro- 

23 vided in this section , unless with the consent and by order of 

24 the commission. [4 Mar., 1913, 37 Stat. L., 979, c. 150, 

25 s. 8, par. 16.] 


332 


EXISTING LAW. 


SEC. 204. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 16. 

Par. 16. That every public utility shall carry a proper and adequate Depreciation ae- 
depreciation account. The commission shall ascertain and deter- count - 
mine what are the proper and adequate rates of depreciation of the 
several classes of property of each public utility. These rates shall 
be such as will provide the amounts required over and above the 
expense of maintenance to keep such property in a state of efficiency 
corresponding to the progress of the industry. Each public utility 
shall conform its depreciation accounts to such rates so ascertained 
and determined by the commission. The commission may make of L)etermlnatlon 
changes in such rates of depreciation from time to time as it may 
find to be necessary. The commission shall also prescribe rules, 
regulations, and forms of accounts regarding such depreciation which 
the public utility is required to carry into effect. The commission 
shall provide for such depreciation in fixing the rates, tolls, and . Use of deprecia- 
charges to be paid by the public. All moneys in this fund may be tlou func ‘ 
expended in keeping the property of such public utility in repair and 
good and serviceable condition for the use to which it is devoted, or 
invested, and, if invested, the income from the investments shall also 
be carried in the depreciation fund. This fund and the proceeds Restriction, 
thereof shall be used for no other purpose than as provided in this 
paragraph, unless with the consent and by order of the commission. 




REPORT OF THE COMMISSION. 


New construe- 1 
tion, etc., by pub¬ 
lic utilities. 

Duties of com- ^ 
mission. " 

3 

4 

5 

6 

7 

8 

Sliding scale of ~ 
rates of d i v i - V/ 
dends. 

10 

11 

12 

18 

14 

15 

16 

Supervision, -j r n 
etc., of commis- ' 
sion. 

18 

19 

20 

21 

22 

23 

24 


Sec. 205. The commission shall keep itself informed 
of all new construction, extensions, and additions to the 
property of all public utilities, and shall prescribe the neces¬ 
sary forms, regulations, and instructions to the officers and 
employees of all public utilities for the keeping of construc¬ 
tion accounts, which shall clearly distinguish all operating 
expenses and new construction. [4 Mar., 1913, 37 Stat. L., 
980, c. 150, s. 8, par. 17.] 

Sec. 206. Nothing in this chapter shall be taken to 
prohibit a public utility, with the consent of the commission, 
from providing a sliding scale of rates and dividends according 
to what is commonly known as the Boston sliding scale, or 
other financial device that may be practicable and advantage¬ 
ous to the parties interested. No such arrangement or device 
shall be lawful until it shall be found by the commission, 
after investigation, to be reasonable and just and not incon¬ 
sistent with the purposes of this chapter. Such arrangement 
shall be under the supervision and regulation of the commis¬ 
sion. The commission shall ascertain, determine, and order 
such rates, charges, and regulations, and the duration thereof, 
as may be necessary to give effect to such arrangement, but the 
right and power to make such other and further changes in 
rates, charges, and regulations as the commission may ascer¬ 
tain and determine to be necessary and reasonable, and the 


334 


EXISTING LAW. 


SEC. 205. 

CHAP. 150—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat.. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 17. 

Par. 17. That the commission shall keep itself informed of all new New construc- 
construction, extensions, and additions to the property of all public h° n > etc., by pub- 
utilities, and shall prescribe the necessary forms, regulations, and o^ties^of com- 
instructions to the officers and employees of all public utilities for the mission, 
keeping of construction accounts, which shall clearly distinguish all 
operating expenses and new construction. 


SEC. 206. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 18. 

Par. 18. That nothing in this section shall be taken to prohibit a Sliding scale of 
public utility, with the consent of the commission, from providing a ^ a e ^ g of dlvi * 
sliding scale of rates and dividends according to what is commonly 
known as the Boston sliding scale, or other financial device that may 
be practicable and advantageous to the parties interested. No such 
arrangement or device shall be lawful until it shall be found by the 
commission, after investigation, to be reasonable and just and not 
inconsistent with the purposes of this section. Such arrangement Supervision, 
shall be under the supervision and regulation of the commission. The etc., 0 f commis- 
commission shall ascertain, determine, and order such rates, charges, sion - 
and regulations, and the duration thereof, as may be necessary to give 
effect to such arrangement, but the right and power to make such 
other and further changes in rates, charges, and regulations as the 
commission may ascertain and determine to be necessary and reason¬ 
able, and the right to alter or amend all orders relative thereto, is 
reserved and vested in the commission notwithstanding any such 
arrangement and mutual agreement. 


REPORT OF THE COMMISSION. 


Itemized reports 
to be made. 
Details. 


Reports of pro¬ 
ceedings. 


Valuations, 
rates, etc., to be 
included. 


1 right to alter or amend all orders relative thereto, is reserved 

2 and vested in the commission notwithstanding any such 

3 arrangement and mutual agreement. [4 Mar., 1913, 37 Stat. 

4 L., 980, c. 150, s. 8, par. 18.] 

5 Sec. 207. Each public utility shall furnish to the commis- 

6 sion in such form and at such times as the commission shall re- 

7 quire, such accounts, reports, and information as shall show in 

8 itemized detail: Depreciation; salaries and wages; legal ex- 

9 penses, taxes and rentals; quantity and value of material used; 

10 receipts from residuals, by-products, services, or other sales; to- 

11 tal and net costs; net and gross profits; dividends and interest; 

12 surplus or reserve; prices paid by consumers; and in addition 

13 such other items, whether of a nature similar to those herein- 

14 before enumerated or otherwise, as the commission may pre- 

15 scribe, in order to show completely and in detail the entire 

16 operation of the public utility in furnishing its product or 

17 service to the public. [4 Mar., 1913, 37 Stat. L., 980, c. 

18 150, s. 8, par. 19.] 

19 Sec. 208. The commission shall publish annual reports 

20 showing its proceeding relating to all the public utilities of 

21 each kind in the District of Columbia, and such other occasional 

22 reports as it may deem advisable. The commission shall also 

23 publish in its annual reports the value of all property actually 

24 used and useful for the convenience of the public, of every 


EXISTING LAW. 


SEC. 207. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913. 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 19. 

Par. 19. That each public utility shall furnish to the commission in Itemized reports 
such form and at such times as the commission shall require, such t0 ^g t “i^ e ' 
accounts, reports, and information as shall show in itemized detail: 

Depreciation; salaries and wages; legal expenses; taxes and rentals; 
quantity and value of material used; receipts from residuals, by¬ 
products, services, or other sales; total and net costs; net and gross 
profits; dividends and interest; surplus or reserve; prices paid by 
consumers; and in addition such other items, whether of a nature 
similar to those hereinbefore enumerated or otherwise, as the commis¬ 
sion may prescribe, in order to show completely and in detail the 
entire operation of the public utility in furnishing its product or 
service to the public. 


SEC. 208. 

CHAP. 150.— An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974 - 
hundred and fourteen, and for other purposes. 996, c. 150, a. 8, 

». P ar * 20. 

Par. 20. That the commission shall publish annual reports showing Reports of pro- 
its proceedings relating to all the public utibties of each kind in the ceedltl g s - 
District of Columbia, and such other occasional reports as it may Valuations, 
deem advisable. The commission shall also publish in its annual deluded'’ 
reports the value of all property actually used and useful for the con¬ 
venience of the public, of every public utility as to whose rates, 
charges, service, or regulations any hearing has been held by the com¬ 
mission or the value of whose property has been ascertained by it 
under the provisions of this section. 


68693—14-43 3.1 7 


V. 



REPORT OF THE COMMISSION. 


Standards of 
service to be estab¬ 
lished. 


Measurements. 


Testing appli¬ 
ances, etc. 


Fees. 


1 public utility as to whose rates, charges, service, or regula- 

2 tions any hearing has been held by the commission or the 

3 value of whose property has been ascertained by it under the 

4 provisions of this chapter. [4 Mar., 1913, 37 Stat. L., 980, 

5 c. 150, s. 8, par. 20.] 

6 Sec. 209. The commission shall ascertain and fix 

7 adequate and serviceable standards for the measurement of 

8 quality, pressure, initial voltage, or other condition per- 

9 taining to the supply of the product or service rendered by 

10 any public utility, and prescribe reasonable regulations for 

11 examining and testing such product or service and for the 

12 measurement thereof. It shall establish reasonable rules, 

13 regulations, specifications, and standards to secure the accu- 

14 racy of all meters and appliances for measurements, and every 

15 public utility is required to carry into effect all orders issued 

16 by the commission relative thereto. [4 Mar., 1913, 37 Stat. 

17 L., 980, c. 150, s. 8, par. 21.] 

18 Sec. 210. The commission shall provide for the exaini- 

19 nation and testing of any and all appliances used for the 

20 measuring of any product or service of a public utility. Any 

21 consumer or user may have any such appliance tested upon 

22 payment of the fees fixed by the commission. The commis- 

23 sion shall declare and establish reasonable fees to be paid for 

24 testing such appliances on the request of the consumers or 


EXISTING LAW. 


* 


SEC. 209. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 21. 

Par. 21. That the commission shall ascertain and fix adequate and . Standards of serv- 
serviceable standards for the measurement of quality, pressure, initial 19*^ be esta > 
voltage, or other condition pertaining to the supply of the product or ' 
service rendered by any public utility, and prescribe reasonable regu¬ 
lations for examining and testing such procluct or service and for the 
measurement thereof. It shall establish reasonable rules, regulations, Measurements, 
specifications, and standards to secure the accuracy of all meters and 
appliances for measurements, and every public utility is required to 
carry into effect all orders issued by the commission relative thereto. 


SEC. 210. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 22, 23. 

Par. 22. That the commission shall provide for the examination Testing appli- 
and testing of any and all appliances used for the measuring of any ances > etc - 
product or service of a public utility. Any consumer or user may have Fees, 
any such appliance tested upon payment of the fees fixed by the com¬ 
mission. The commission shall declare and establish reasonable fees 
to be paid for testing such appliances on the request of the consumers 
or users, the fee to be paid by the consumer or user at the time of his 
request, but to be paid by the public utility and repaid to the con¬ 
sumer or user if the appliance be found defective or incorrect to the 
disadvantage of the consumer or user. 

Par. 23. That the commission may purchase such materials, appr- Apparatus for 
ratus, and standard measuring instruments for such examination and lests - 


339 




REPORT OF THE COMMISSION. 


1 

2 

3 

4 

Apparatus for q 
tests. 

6 

7 

Authority to ex- Q 
amine, etc. 

9 

10 

11 

12 

13 

Sched u 1 e 8 of ] 4 
rates, etc., to be 
filed. 

15 

16 

17 

18 

19 

20 

Restriction of Ol 
charges. 


22 


23 

24 


users, the fee to be paid by the consumer or user at the time 
of his request, but to be paid by the public utility and repaid 
to the consumer or user if the appliance be found defective or 
incorrect to the disadvantage of the consumer or user. The 
commission may purchase such materials, apparatus, and 
standard measuring instruments for such examination and 
tests as it may deem necessary. The commission, its agents, 
experts, or examiners, shall have power to enter upon any 
premises occupied by any public utility for the purpose of 
making the examinations and tests provided for in this 
chapter, and to set up and use on such premises any apparatus 
and appliances and occupy reasonable space therefor. [4 
Mar., 1913, 37 Stat. L., 981, c. 150, s. 8, pars. 22, 23.] 

Sec. 211. Every public utility shall file with the com¬ 
mission, within a time to he fixed by the commission, sched¬ 
ules, which shall be open to public inspection, showing all 
rates, tolls, and charges which it has established and which 
are in force at the time for any service performed by it within 
the District of Colmnbia, or for any service in connection 
therewith or performed by any public utility controlled or 
operated by it. The rates, tolls, and charges shown on such 
schedules shall not exceed the rates, tolls, and charges now 
allowed by law, and shall be the lawful rates, tolls, and charges 
within the District of Columbia., and shall remain and be in 


340 


EXISTING LAW. 


tests as it may deem necessary. The commission, its agents, experts, Authority to ex- 
or examiners, shall have power to enter upon any premises occupied amine > et ^- 
by any public utility for the purpose of making the examinations and 
tests provided for in this section, and to set up and use on such prem¬ 
ises any apparatus and appliances and occupy reasonable space 
therefor. 


SEC. 211. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 24, 25, 26. 

Par. 24. That every public utility shall file with the commission, Schedules o f 
within a time to be fixed by the commission, schedules, which shall be etc -» t0 be 
open to public inspection, showing all rates, tolls, and charges which it ( ' 
lias established and which arc in force at the time for any service per¬ 
formed by it within the District of Columbia, or for any service in con¬ 
nection therewith or performed by any public utility controlled or 
operated by it. The rates, tolls, and charges shown on such schedules Restriction o f 
shall not exceed the rates, tolls, and charges now allowed by law, cbar s es - 
and shall be the lawful rates, tolls, and charges within the District of 
Columbia, and shall remain and be in force until set aside by the 
commission. 

Par. 25. That every public utility shall file with and as a part of , Rules, etc., af- 
such schedule all rules and regulations that in any manner affect the fectlll S rates - 
rates charged or to be charged for any service. 

Par. 26. That a copy of so much of said schedules as the commis- Public display 
sion shall deem necessary for the use of the public shall be printed in ot rates - 
plain type and kept on file in every station and office of such public 
utility "where payments are made by the consumers or users, open to 
the public, in such form and place as to be readily accessible to the 
public and so as to be conveniently inspected. 


341 


REPORT OF THE COMMISSION. 


Rules, etc., af¬ 
fecting rates. 


Public display 
of rates. 


Schedules of 
joint rates. 


. Changes re¬ 
stricted. 


Proviso. 

Reductions. 


1 force until set aside by tbe commission. Every public utility 

2 shall file with and as a part of such schedule all rules and 

3 regulations that in any manner affect the rates charged or to 

4 be charged for any service. A copy of so much of said sched- 

5 ules as the commission shall deem necessaiy for the use of the 

6 public shall be printed in plain type and kept on file in every 

7 station and office of such public utility where payments are 

8 made by the consumers or users, open to the public, in such 

9 form and place as to be readily accessible to the public and so 

10 as to be conveniently inspected. [4 Mar., 1913,37 Stat., 981, 

11 c, 150, s. 8, pars. 24, 25, 26.] 

12 Sec. 212. Where a schedule of joint rates or charges 

13 is, or may be, in force between two or more public utilities, 

14 such schedule shall in like manner be printed and filed with 

15 the commission, and so much thereof as the commission shall 

16 deem necessary for the use of the public shall be filed in every 

17 such station or office, as provided in the preceding section. 

18 No change shall thereafter be made in any schedule, including 

19 schedules of joint rates, except upon ten days’ notice to the 

20 commission, and all such changes shall be plainly indicated 

21 upon existing schedules, or by filing new schedules in lieu 

22 thereof ten duys prior to the time the same are to take effect: 

23 Provided , That the commission, upon application of any 

24 public utility, may prescribe a less time within which a reduc- 

25 tion may be made. [4 Mar., 1913, 37 Stat. L., 981, c. 150, 

26 s. 8, pars, 27, 28.] 


342 




EXISTING 


EA YV. 


SEC. 212. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 27, 28. 

Par. 27. That where a schedule of joint rates or charges is, or may Schedules of 
be, in force between two or more public utilities, such schedule shall i oint rateH - 
in like manner be printed and filed with the commission, and so much 
thereof as the commission shall deem necessary for the use of the 
public shall be filed in every such station or office, as provided in the 
preceding paragraph. 

Par. 28. That no change shall thereafter be made in any schedule, Changes re¬ 
including schedules of joint rates, except upon ten days' notice to the 8tnctecl - 
commission, and all such changes shall be plainly indicated upon 
existing schedules, or by filing new schedules in lieu thereof ten clays 
prior to the time the same are to take effect: Provided, That the com- Proviso. 
mission, upon application of any public utility, may prescribe a less Reductions, 
time within which a reduction may be made. 


343 


REPORT OF THE COMMISSION. 


New schedules 1 
to be filed. 

2 

3 

4 

5 

6 

Charges greater 7 
or less than in 
schedules unlaw- 
f uL g 

9 

10 

11 

12 

13 

Permanence of 14 
ates. 

15 

16 

Forms of sched- 17 
ules. 

18 

19 

20 

Regulation of 21 
inspections, etc. 

22 

23 


24 


Sec. 213. Copies of all new schedules shall be filed, as 
hereinbefore provided, in every station and office of such 
public utility where payments are made by consumers or 
users ten days prior to the time the same are to take effect, 
unless the commission shall prescribe a less time. [4 Mar., 
1913, 37 Stat. L., 981, c. 150, s. 8, par. 29.] 

Sec. 214. It shall be unlawful for any public utility 
to charge, demand, collect, or receive a greater or less com¬ 
pensation for any service performed by it within the Dis¬ 
trict of Columbia, or for any service in connection therewith, 
than is specified in such printed schedules, including sched¬ 
ules of joint rates, as may at the time be in force, or to de¬ 
mand, collect, or receive any rate, toll, or charge not specified 
in such schedules. The rates, tolls, and charges named 
therein shall be the lawful rates, tolls, and charges until the 
same are changed as provided in this chapter. The com¬ 
mission may prescribe such changes in the fonn in which the 
schedules are issued by any public utility as may be found to 
be expedient. [4 Mar., 1913, 37 Stat. L., 982, c. 150, 
s. 8, pars. 30, 31.] 

Sec. 215. The commission shall have power to adopt 
reasonable and proper rules and regulations relative to all 
inspections, tests, audits, and investigations, and to adopt 
and publish reasonable and proper rules to govern its pro- 

344 






EXISTING LAW. 


SEC. 213. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 29. 

Par. 29. That copies of all new schedules shall bo filed, as herein- New schedules 
before provided, in every station and office of such public utility where t0 be bled - 
payments are made by consumers or users ten days prior to the time 
the same are to take effect, unless the commission shall prescribe a 
less time. 


SEC. 214. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 30, 31. 

Par. 30. That it shall be unlawful for any public utility to charge, Charges greater 
demand, collect, or receive a greater or less compensation for any schedules' unlaw- 
service performed by it within the District of Columbia, or for any f u p 
service in connection therewith, than is specified in such printed 
schedules, including schedules of joint rates, as may at the time be in 
force, or to demand, collect, or receive any rate, toll, or charge not 
specified in such schedules. The rates, tolls, and charges named therein Permanence of 
shall be the lawful rates, tolls, and charges until the same are changed rates - 
as provided in this section. 

Par. 31. That the commission may prescribe such changes in the Forms of sched- 
form in which the schedules are issued by any public utility as may ules - 
be found to be expedient. 


SEC. 215. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 32, 33, 34. 

Par. 32. That the commission shall have power to adopt reasonable Regulation of in- 
and proper rules and regulations relative to all inspections, tests, spections, etc. 
audits, and investigations, and to adopt and publish reasonable and 
proper rules to govern its proceedings and to regulate the mode and 


68693—14-44 


345 



REPORT OF THE COMMISSION. 


Information o f 
business methods, 
etc. 


Inspe c t i o n of 
books by commis¬ 
sion or employees. 


Production of 
papers, etc., from 
outside the Dis¬ 
trict. 


1 ceedings and to regulate the mode and manner of all investi- 

2 gations and hearings of public utilities and other parties 

3 before it. The commission shall keep itself informed as to 

4 the manner and method in which the business of all public 

5 utilities is conducted, and shall have the right to, obtain from 

6 any public utility all necessary information to enable the 

7 connnission to perform its duties, and the commission or any 

8 commissioner or any person or persons employed by the 

9 commission for that purpose shall, upon demand, have the 

10 right to inspect the books, accounts, papers, records, and 

11 memoranda of any public utility, and to examine, under oath, 

12 any officer, agent, or employee of such public utility in rela- 

13 tion to its business and affairs. Any person other than one 

14 of said commissioners who shall make such demand shall 

15 produce his authority to make such inspection or examina- 

16 tion. [4 Mar., 1913, 37 Stat. L., 982, c. 150, s. 8, pars. 

17 32, 33, 34.] 

18 Sec. 216. The commission may require, by order or 

19 subpoena, to be served upon any public utility in the same 

20 manner that a summons is served in a civil action in the Su- 

21 preme Court of the District of Columbia, the production 

22 within the District of Columbia at such time and place as it 

23 may designate of any books, accounts, papers, or records 

24 kept by such public utility in any office or place without the 


EXISTING LAW. 


manner of all investigations and hearings of public utilities and other 
parties before it. 

Par. 33. That the commission shall keep itself informed as to the 
manner and method in which the business of all public utilities is 
conducted, and shall have the right to obtain from any public utility 
all necessary information to enable the commission to perform its 
duties. 

Par. 34. That the commission or any commissioner or any person 
or persons employed by the commission for that purpose shall, upon 
demand, have the right to inspect the books, accounts, papers, 
records, and memoranda of any public utility, and to examine, under 
oath, any officer, agent, or employee of such public utility in relation 
to its business and affairs. Any person other than one of said com¬ 
missioners who shall make such demand shall produce his authority 
to make such inspection or examination. 


Information of 
business methods, 
etc. 


Inspection of 
books by commis¬ 
sion or employees. 


SEC. 216. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. . 996, c. 150, s. 8, 

par. 35. 

Par. 35. That the commission may require, by order or subpoena, Production of 
to be served upon any public utility in the same manner that a sum - pa Pf*? , + L t< ft- 
mons is served in a civil action in the Supreme Court of the District of 
Columbia, the production within the District of Columbia at such 
time and place as it may designate of any books, accounts, papers, or 
records kept by such public utility in any office or place without the 
District of Columbia, or verified copies in lieu thereof, if the commis¬ 
sion shall so order, in order that an examination thereof may be 
made by the commission under its direction. Any public utility , Penalty for re¬ 
failing or refusing to comply with any order or subpoena shall for each fu8al - 
day it shall so fail or refuse forfeit and pay to the District of Columbia 
the sum of one hundred dollars, to be recovered in an action to be 
brought in the name of said District. 


347 


REPORT OF THE COMMISSION. 


Penalty for re¬ 
fusal. 


Attend ance, 
witnesses, etc. 


Assistance 

courts. 


Enforcement by 
district attorneys, 
etc. 


1 District of Columbia, or verified copies in lieu thereof, if the 

2 commission shall so order, in order that an examination 

3 thereof may he made by the commission under its direction. 

4 Any public utility failing or refusing to comply with any 

5 order or subpoena shall for each day it shall so fail or refuse 

6 forfeit and pay to the District of Columbia the sum of one 

7 hundred dollars, to be recovered in an action to be brought 

i 

8 in the name of said District. [4 Mar., 1913, 37 Stat. L., 

9 982, c. 150, s. 8, par. 35.] 

10 Sec. 217. Attendance of witnesses and the production 

11 of such documentary evidence may be required by the com- 

12 mission from any place in the United States. And in case of 

13 disobedience to a subpoena the commission, or any party to a 

14 proceeding before the commission, may invoke the aid of any 

15 court of the United States or the Supreme Court of the District 

16 of Columbia in requiring the attendance and testimony of 

17 witnesses and the production of books, papers, and documents 

18 under the provisions of this chapter. The said commission 

19 is hereby given power to call on any district attorney of the 

20 United States, the corporation counsel of the District of Co- 

21 lumbia, or any counsel of the commission to enforce the pro- 

22 visions of this chapter in the proper courts of the United 

23 States, and on such call it shall be the duty of the said district 

24 attorney, corporation counsel, or any counsel of the commission, 


348 


EXISTING LAW. 


SEC. 217. 

CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996 c. 150, s. 8, 

par. 35. 

Attendance of witnesses and the production of such documentary Attendance o f 
evidence may be required from any place in the United States. And witnesses > etc > 
in case of disobedience to a subpoena the commission, or any party 
to a proceeding before the commission, may invoke the aid of any Assistance o f 
court of the United States or the Supreme Court of the District of courts - 
Columbia in requiring the attendance and testimony of witnesses 
and the production of books, papers, and documents under the pro¬ 
visions of this section. And the said commission is hereby given Enforcement by 
power to call on any district attorney of the United States, the corpo- ^ trict attorne y 8 > 
ration counsel of the District of Columbia, or any counsel of the e 
commission to enforce the provisions of this section in the proper 
courts of the United States, and on such call it shall be the duty of 
the said district attorney, corporation counsel, or any counsel of the 
commission, upon request of said commission, to enforce the pro¬ 
visions of this paragraph, the costs and expenses incurred to be paid 
out of the appropriations for the expenses of the courts of the United 
States. 


849 



REPORT OF THE COMMISSION. 


Investigation by 
agents. 


Power and au¬ 
thority. 


Effect of recom¬ 
mendations. 


1 upon request of said commission, to enforce the provisions 

2 of this section and of the section last preceding, the costs and 

3 expenses incurred to be paid out of the appropriations for the 

4 expenses of the courts of the United States. [4 Mar., 1913, 

5 37 Stat. L., 982, c. 150, s. 8, par. 35.] 

6 Sec. 218. For the purpose of making any investigation 

7 with regard to any public utility the commission shall have 

8 power to appoint, by an order in writing, an agent, whose 

9 duties shall be prescribed in such order. In the discharge of 

10 his duties such agent shall have every power whatsoever of 

11 an inquisitorial nature granted in this chapter to the com- 

12 mission and shall have power to administer oaths and take 

13 depositions. The commission may conduct any number 

14 of such investigations contemporaneously through different 

15 agents, and may delegate to such agent or agents the taking 

16 of all testimony bearing upon any investigation or hearing. 

17 The decision of the commission shall be based upon its exami- 

18 nation of all testimony and records. The recommendations 

19 made by such agents shall be advisory only, and shall not pre- 

20 elude the taking of further testimony, if the commission so 

21 order, nor further investigation. [4 Mar., 1913, 37 Stat. 
L., 983, c. 150, s. 8, par. 36.] 


22 



EXISTING LAW. 


SEC. 218. 

CHAP. 150—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 36. 

Par. 36. That for the purpose of making any investigation with Investigation by 
regard to any public utility the commission shall have power to a & ents - 
appoint, by an order in writing, an agent, whose duties shall be pre¬ 
scribed in such order. In the discharge of his duties such agent shall Power and 
have every power whatsoever of an inquisitorial nature granted in authority, 
this section to the commission and shall have power to administer 
oaths and take depositions. The commission may conduct any 
number of such investigations contemporaneously through different 
agents, and may delegate to such agent or agents the taking of all 
testimony bearing upon any investigation or hearing. 1 he decision 
of the commission shall be based upon its examination of all testi¬ 
mony and records. r l he recommendations made by such agents shall Effect of recom- 
be advisory only, and shall not preclude the taking of further testi- raendatlons - 
mony, if the commission so order, nor further investigation. 



35 L 


REPORT OF THE COMMISSION. 


Information to 1 

be furnished by 
utilities. 

2 

3 

Answers re- 4 

quired. 

5 

6 

7 

8 
9 

10 

11 

12 

13 

Documents, etc. 14 

15 

16 

17 

18 

19 

20 


Investigation of 21 

alleged unreason¬ 
able rates, sched¬ 
ules, etc. 22 

23 

24 

25 


Sec. 219. Every public utility shall furnish to the 
commission all information required by it to carry into effect 
the provisions of this chapter , and shall make specific answers 
to all specific questions submitted by the commission. Any 
public utility receiving from the commission any blanks 
with directions to fill the same shall cause the same to be 
properly filled out so as to answer, fully and correctly, each 
question therein propounded, and in case it is unable to an¬ 
swer any question it shall give a good and sufficient reason 
for such failure. Said answer shall be verified under oath 
by the president, secretary, superintendent, or general 
manager of such public utility, and returned to the commis¬ 
sion at its office within the period fixed by the commission. 
Whenever required by the commission, every public utility 
shall deliver to the commission any or all maps, profiles, 
contracts, reports of engineers, and all documents, books, 
accounts, papers, and records, or copies of any or all of the 
same, with a complete inventory of all its property, in such 
form as the commission may direct. [4 Mar., 1913, 37 Stat.- 
L., 983, c. 150, s. 8, par. 37.] 

Sec. 220. The commission may, in its discretion, upon 
its own initiative or upon reasonable complaint made against 
any public utility that any of the rates, tolls, charges, or 
schedules, or services, or time and conditions of payment, or 
any joint rate or rates, schedules, or services, are in any 


EXISTING LAAV. 


SEC. 219. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 37. 

Par. 37. That every public utility shall furnish to the commission Information t. o 
all information required by it to carry into effect the provisions of jitqq^ r g nif?hecl 
this section, and shall make specific answers to all specific questions 
submitted by the commission. Any public utility receiving from the Answers re¬ 
commission any blanks with directions to fill the same shall cause the quired - 
same to be properly filled out so as to answer, fully and correctly, 
each question therein propounded, and in case it is unable to answer 
any question it shall give a good and sufficient reason for such failure; 
and said answer shall be verified under oath by the president, secre¬ 
tary, superintendent, or general manager of such public utility, and 
returned to the commission at its office within the period fixed by the 
commission. Whenever required by the commission, every public Documents, etc. 
utility shall deliver to the commission any or all maps, profiles, con¬ 
tracts, reports of engineers, and all documents, books, accounts, 
papers, and records, or copies of any or all of the same,with a complete 
inventory of all its property, in such form as the commission may 
direct. 




SEC. 220. 

CHAP. 150.— An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat, L., pp. 974- 
hundred and fourteen, and for other purposes. 996. c. 150, s. 8, 

pars. 38, 39, 40 

Par. 38. That upon its own initiative or upon reasonable complaint Investigation of 
made against any public utility that any of the rates, tolls, charges, a{I 1 ( J ,e n l tes' , Tchod¬ 
or schedules, or services, or time and conditions of payment, or any u ] eSj etc. 
joint rate or rates, schedules, or services, are in any respect unreason¬ 
able or unjustly discriminatory, or that any time schedule, regulation, 


68693—14-45 


353 



1 

2 

8 

4 

5 

6 

7 

8 
9 

10 

Formal hearings 11 
before issue of 
orders. 

12 

13 

Notification of 14 

complaint. 

15 

16 

17 

18 

Notice of hear- 19 
ings, etc. 

20 

21 

22 

23 

24 

25 


REPORT OF THE COMMISSION. 

respect unreasonable or unjustly discriminatory, or that any 
time schedule, regulation, or act whatsoever affecting or 
relating to the conduct of any street railway or common car¬ 
rier, or the production, transmission, delivery, or furnishing 
of heat, light, water, or power, or any service in connection 
therewith, or the conveyance of any telegraph or telephone 
message, or any service in connection therewith, is in any 
respect unreasonable, insufficient, or unjustly discriminatory, 
or that any service is inadequate or can not be obtained, 
proceed, with or without notice, to make such investigation 
as it may deem necessary or convenient. No order affect¬ 
ing said rates, tolls, charges, schedules, regulations, or act 
complained of shall be entered by the commission without a 
formal hearing. The commission shall prior to such formal 
hearing notify the public utility complained of that a com¬ 
plaint has been made, and ten days after such notice has been 
given the commission may proceed to set a time and place for 
a hearing and an investigation as hereinafter provided. The 
commission shall give the public utility and the complainant, 
if any, ten days’ notice of the time and place when and where 
such hearing and investigation will be held and such matters 
considered and determined. Both the public utility and 
complainant shall be entitled to be heard and shall have 
process to enforce the attendance of witnesses. [4 Mar., 
1913, 37 Stat. L., 983, c. 150, s. 8, pars. 38, 39, 40.] 


354 


EXISTING LAW. 


or act whatsoever affecting or relating to the conduct of any street 
railway or common carrier, or the production, transmission, delivery, 
or furnishing of heat, light, water, or power, or any service in connec¬ 
tion therewith, or the conveyance of any telegraph or telephone mes¬ 
sage, or any service in connection therewith, is in any respect un¬ 
reasonable, insufficient, or unjustly discriminatory, or that any service 
is inadequate or can not be obtained, the commission may, in its 
discretion, proceed, with or without notice, to make such investiga¬ 
tion as it may deem necessary or convenient. But no order affecting 
said rates, tolls, charges, schedules, regulations, or act complained 
of shall be entered by the commission without a formal hearing. 

Par. 39. That the commission shall prior to such formal hearing 
notify the public utility complained of that a complaint has been 
made, and ten days after such notice has been given the commission 
may proceed to set a time and place for a hearing and an investi¬ 
gation as hereinafter provided. 

Par. 40. That the commission shall give the public utility and the 
complainant, if any, ten days’ notice of the time and place when and 
where such hearing and investigation will be held and such matters 
considered and determined. Both the public utility and complain¬ 
ant shall be entitled to be heard and shall have process to enforce the 
attendance of witnesses. 


Formal hearings 
before issue of 
orders. 

Notification of 
complaint. 


Notice of hear¬ 
ings, etc. 


REPORT OF THE COMMISSION. 


Order substitut¬ 
ing just and rea¬ 
sonable rates, 
charges, etc. 


Time schedules, 
etc. 


Extension of 
service, etc. 


Proviso. 

Notice to utility 
required. 


1 Sec. 221. If upon such investigation the rates, tolls, 

2 charges, schedules, or joint rates shall be found to be unjust, 

t 

3 unreasonable, insufficient, or unjustly discriminatory, or to 

4 he preferential or otherwise in violation of any of the pro- 

5 visions of this chapter, the commission shall have power 

6 to determine and by order fix and order to be substituted 

7 therefor such rate or rates, tolls, charges, or schedules as 

8 shall be just and reasonable. If upon such investigation it 

9 shall be found that any regulation, time schedule, act, or 

10 service complained of is unjust, unreasonable, insufficient, 

11 preferential, unjustly discriminatory, or otherwise in viola- 

12 tion of any of the provisions of this chapter, or if it be found 

13 that reasonable service is not supplied, the commission shall 

14 have power to determine and substitute therefor such other 

15 regulations, time schedules, service, or acts and to make such 

16 orders respecting and such changes in such regulations, time 

17 schedules, service, or acts as shall be just and reasonable. 

18 And upon any investigation for the purpose of determining 

19 upon and requiring any reasonable extension or extensions 

20 of lines or of service that shall promise to be compensatory 

21 within a reasonable time, the commission shall have power 

22 to fix, determine, and require every such extension or ex- 

23 tensions to be made and the terms and conditions upon which 

24 the same shall be made: Provided, That no hearing shall 

356 


EXISTING LAW. 




SEC. 221. 


CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern¬ 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen 
hundred and fourteen, and for other purposes. 

Par. 41. That if upon such investigation the rates, tolls, charges, 
schedules, or joint rates shall be found to be unjust, unreasonable, 
insufficient, or unjustly discriminatory, or to be preferential or 
otherwise in violation of any of the provisions of this section, the 
commission shall have power to determine and by order fix and order 
to be substituted therefor such rate or rates, tolls, charges, or 
schedules as shall be just and reasonable. If upon such investiga¬ 
tion it shall be found that any regulation, time schedule, act, or 
service complained of is unjust, unreasonable, insufficient, prefer¬ 
ential, unjustly discriminatory, or otherwise in violation of any of 
the provisions of this section, or if it be found that reasonable service 
is not supplied, the commission shall have power to determine and 
substitute therefor such other regulations, time schedules, service, 
or acts and to make such orders respecting and such changes in 
such regulations, time schedules, service, or acts as shall be just 
and reasonable. And upon any investigation for the purpose of 
determining upon and requiring any reasonable extension or exten¬ 
sions of lines or of service that shall promise to be compensatory 
within a reasonable time, the commission shall have power to fix, 
determine, and require every such extension or extensions to be made 
and the terms and conditions upon which the same shall be made: 
Provided, That no hearing shall be had and no order shall be made 
respecting such extension or extensions without notice to the public 
utility affected thereby, as provided in paragraph forty of this 
section. 


Mar. 4, 1913, 37 
Stat. L., pp. 974- 
996, c. 150, s. 8, 
par. 41. 

Order substitut¬ 
ing just and rea¬ 
sonable rates, 
charges, etc. 


Time schedules, 
etc. 


Extension 
service, etc. 


o f 


Proviso. 

Notice to utility 
required. 






357 




REPORT OF THE COM3IISSION. 


1 

2 

3 

4 

5 

Expenses of in- £ 
vestigation to be 
paid by utility if 
rates, etc., found 7 
unjust. ' 

8 

9 

10 

11 

12 

18 

14 

15 

16 
17 

Separate hear- ^g 
iugB of complaints. 

19 

20 
21 
22 

23 

24 

25 


be had and no order shall be made respecting such extension 
or extensions without notice to the public utility affected 
thereby, as provided in section two hundred and twenty 
of this chapter. [4 Mar., 1913, 37 Stat. L., 984, c. 150, 
s. 8, par. 41.] 

Sec. 222. If upon investigation it shall be found that 
any rate, toll, charge, schedule, or joint rate, or rates, is 
unjust, unreasonable, insufficient, or unjustly discriminator) 
or preferential, or otherwise in violation of any of the provi¬ 
sions of this chapter, or that any time schedule, regulation, 
act, or service complained of is unjust, unreasonable, insuf¬ 
ficient, preferential, or otherwise in violation of any of the 
provisions of this chapter , or if it be found that reasonable 
service is not supplied, the public utility found to be at fault 
shall pay the expenses incurred by the commission upon such 
investigation. [4 Mar., 1913, 37 Stat. L., 984, c. 150, 
s. 8, par. 42.] 

Sec. 223. The commission may, in its discretion, when 
complaint is made of more than one rate or charge, order 
separate hearings thereon, and may consider and determine 
the several matters complained of separately and at such 
times as it may prescribe. No complaint shall of necessity 
at any time be dismissed because of the absence of direct 
damage to the complainant. [4 Mar., 1913, 37 Stat. L., 
984, c. 150, s. 8, par. 43.] 

358 


EXISTING LAW. 


SEC. 222. 

CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 42. 

Par. 42. That if upon investigation it shall be found that any Expenses of in¬ 
rate, toll, charge, schedule, or joint rate, or rates, is unjust, unrea- V aid S bv°utilit -^if 
sonable, insufficient, or unjustly discriminatory or preferential, or j.| ltos ( \ tC ) found 
otherwise in violation of any of the provisions of this section, or unjust, 
that any time schedule, regulation, act, or service complained of is 
unjust, unreasonable, insufficient, preferential, or otherwise in viola¬ 
tion of any of the provisions of this section, or if it be found that 
reasonable service is not supplied, the public utility found to be at 
fault shall pay the expenses incurred by the commission upon such 
investigation. 


SEC. 223. 

CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 43. 

Par. 43. That the commission may, in its discretion, when com-. Separate hear- 
plaint is made of more than one rate or charge, order separate hearings m " s ot com P laints - 
thereon, and may consider and determine the several matters com¬ 
plained of separately and at such times as it may prescribe. No 
complaint shall of necessity at any time be dismissed because of the 
absence of direct damage to the complainant. 



REPORT OF THE COMMISSION. 


Summary inves¬ 
tigations. 


Notification for 
formal hearing. 


Conduct of pro¬ 
ceedings. 


1 Sec. 224. Whenever the commission shall believe that 

2 any rate or charge may be unreasonable or unjustly dis- 

3 criminatory, or that any reasonable service is not supplied, 

4 or that an investigation of any matter relating to any public 

5 utility should for any reason be made, it may, on its own 

6 motion, summarily investigate the same with or without 

7 notice. If after making such investigation the commission 

8 becomes satisfied that sufficient grounds exist to warrant a 

9 formal hearing being ordered as to the matters so investi- 

10 gated, it shall furnish such public utility interested a state- 

11 ment notifying the public utility of the matters under inves- 

12 tigation. Ten days after such notice has been given the 
18 commission may proceed to set a time and place for a hearing 

14 and an investigation as hereinbefore provided. Notice of 

15 the time and place for such hearing shall be given to the 

16 public utility and to such other interested persons as the 

17 commission shall deem necessary, as provided in section 

18 two hundred and twenty of this chapter , and there- 

19 after proceedings shall be had and conducted in refer- 

20 ence to the matter investigated in like manner as though 

21 complaint had been filed with the commission relative to 

22 the matter investigated, and the same order or orders may 

23 be made in reference thereto as if such investigation had 

24 been made on complaint. [4 Mar., 1913, 37 Stat. L., 984, 

25 c. 150, s. 8, pars. 44, 45, 46.] 


360 


EXISTING LA AY. 


SEC. 224. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 44, 45, 46. 

Par. 44. That whenever the commission shall believe that any . Summary inves- 
rate or charge may be unreasonable or unjustly discriminatory, or {1 » atlons - 
that any reasonable service is not supplied, or that an investigation 
of any matter relating to any public utility should for any reason 
be made, it may, on its own motion, summarily investigate the same 
with or without notice. 

Par. 45. That if after making such investigation the commission , Notification for 
becomes satisfied that sufficient grounds exist to warrant a formal torraal hearing, 
hearing being ordered as to the matters so investigated, it shall 
furnish such public utility interested a statement notifying the 
public utility of the matters under investigation. Ten days after 
such notice has been given the commission may proceed to set a time 
and place for a hearing and an investigation as hereinbefore provided. 

Par. 46. That notice of the time and place for such hearing shall Conduct of pro¬ 
be given to the public utility and to such other interested persons ceo<ling8 
as the commission shall deem necessary, as provided in paragraph 
forty of this section, and thereafter proceedings shall be had and 
conducted in reference to the matter investigated in like manner as 
though complaint had been filed with the commission relative to the 
matter investigated, and the same order or orders may be made in 
reference thereto as if such investigation had been made on complaint. 


68693—14-46 


361 



REPORT OF THE COMMISSION. 


Complaints by a 
public utility. 


Power to admin¬ 
ister oaths, issue 
subpoenas, etc. 
Ante, p. 982. 


Attachment in 
case of disobedi¬ 
ence of witness, 
etc. 


1 Sec. 225. Any public utility may make complaint as 

2 to any matter affecting its own product or service with like 

3 effect as though made by the commission or upon reasonable 

4 complaint as hereinbefore provided. [4 Mar., 1913, 37 

5 Stat. L., 984, c. 150, s. 8, par. 47.] 

6 Sec. 226. Each of the commissioners and every agent 

7 provided for in section two hundred and eighteen of 

8 this chapter , for the purposes mentioned in this chapter , 

9 shall have power to administer oaths, certify to official acts, 

10 issue subpoenas, compel the attendance of witnesses and 

11 the production of books, accounts, papers, records, docu- 

12 ments, and testimony. In case of disobedience on the part 

13 of any person or persons to comply with any order of the 

14 commission or any commissioner, or any subpoena, or on the 

15 refusal of any witness to testify to any matter regarding 

16 which he may be interrogated before the commission or its 

17 agent authorized, it shall be the duty of the Supreme Court 

18 of the District of Columbia, or a judge thereof, on applica- 

19 tion of a commissioner, to compel obedience by attachment 

20 proceedings for contempt, as in the case of disobedience of 

21 the requirements of a subpoena issued from such court or a 

22 refusal to testify therein. [4 Mar., 1913, 37 Stat. L., 984, 

23 985, c. 150, s. 8, par. 48.] 


362 


EXISTING LAW. 


SEC. 225. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, 8. 8, 

par. 47. 

Par. 47. That any public utility may make complaint as to any Complaints by a 
matter affecting its own product or service with like effect as though P ubllc utility, 
made by the commission or upon reasonable complaint as herein¬ 
before provided. 


SEC. 226. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 48. 

Par. 48. That each of the commissioners and every agent provided . Power to admin- 
for in paragraph thirty-six of this section, for the purposes mentioned * s T r < J^ s ’ tc * S8ue 
in this section, shall have power to administer oaths, certify to ™ Ante, p.’ 982. 
official acts, issue subpoenas, compel the attendance of witnesses 
and the production of books, accounts, papers, records, documents, 
and testimony. In case of disobedience on the part of any person Attachment in 
or persons to comply with any order of the commission or any com- °* f 
missioner, or any subpoena, or on the refusal of any witness to testify etc ’ 

to any matter regarding which he may be interrogated before the 
commission or its agent authorized, it shall be the duty of the Su¬ 
preme Court of the District of Columbia, or a judge thereof, on 
application of a commissioner, to compel obedience by attachment 
proceedings for contempt, as in the case of disobedience of the 
requirements of a subpoena issued from such court or a refusal to 
testify therein. 



REPORT OF THE COMMISSION. 


Witness fees. | 

2 

3 

4 

5 

6 

7 

8 

Restriction. 9 

10 

11 

12 

13 

14 

Depositions. 15 

16 

17 

18 

19 

20 

R e c o r d of all 21 
proceedings. 

22 

23 

24 

25 


Sec. 227. Each witness who shall appear before the 
commission or its agent by its order shall receive for his 
attendance the fees and mileage now provided for witnesses 
in the Supreme Court of the District of Columbia, which 
shall be audited and paid in the same manner as fees in 
criminal cases within the District of Columbia are audited 
and paid, upon the presentation of proper vouchers, sworn to 
by such witnesses and approved by the chairman of the com¬ 
mission. No witnesses subpoenaed at the instance of parties 
other than the commission shall be entitled to compensation 
for attendance or travel unless the commission shall certif}^ 
that his testimony was material to the matter investigated, 
and that his attendance as a witness was reasonably necessary. 
[4 Mar., 1913, 37 Stat. L., 985, c. 150, s. 8, par. 49.] 

Sec. 228. The commission or any party may, in any 
investigation, cause the depositions of witnesses residing 
within or without the District of Columbia to be taken in the 
manner prescribed by law for like depositions in civil actions 
in the district courts. [4 Mar., 1913, 37 Stat. L., 985, c. 150, 
s. 8, par. 50.] 

Sec. 229. A full and complete record shall be kept of 
all proceedings had before the commission or its agents on any 
any formal investigation had, and all testimony shall be taken 
down by a stenographer appointed by the commission. [4 
Mar 1913, 37 Stat. L., 985, c. 150, s. 8, par. 51.] 


364 


EXISTING LAW. 


SEC. 227. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 49. 

Par. 49. That each witness who shall appear before the com- Witness fees, 
mission or its agent by its order shall receive for his attendance the 
fees and mileage now provided for witnesses in the Supreme Court of 
the District of Columbia, which shall be audited and paid in the same 
manner as fees in criminal cases within the District of Columbia are 
audited and paid, upon the presentation of proper vouchers, sworn to 
by such witnesses and approved by the chairman of the commission. 

No witnesses subpoenaed at the instance of parties other than the Restriction, 
commission shall be entitled to compensation for attendance or travel 
unless the commission shall certify that his testimony was material 
to the matter investigated, and that his attendance as a witness was 
reasonably necessary. 


SEC. 228. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 50. 

Par. 50. That the commission or any party may, in any investiga- Depositions, 
tion, cause the depositions of witnesses residing within or without 
the District of Columbia to be taken in the manner prescribed by law 
for like depositions in civil actions in circuit courts. 


SEC. 229. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 51. 

Par. 51. That a full and complete record shall be kept of all pro- Record of all 
ceedings had before the commission or its agents on any formal inves- P loccedin g g - 
tigation had, and all testimony shall be taken down by a stenographer 
appointed by the commission. 


365 


REPORT OF THE COMMISSION. 


Certified tran- ^ 

script of proceed¬ 
ings, etc., to be 
filed in court. 9 


3 

4 

5 


6 


7 

Effect as evi- 8 
dence of stenog¬ 
rapher’s certified 
transcripts. 9 

10 

11 

12 

13 

14 

15 

16 

17 

Copies. IQ 

19 

20 

21 

No transfer of 22 
franchises, etc., 
without approval 
of commission. 23 

24 


Sec. 230. Whenever any complaint is served upon the 
commission under the provisions of this chapter the commis¬ 
sion shall, before said action is reached for trial, cause a 
certified transcript of all proceedings had and testimony taken 
upon such investigation to be filed with the clerk of the 
Supreme Court of the District of Columbia. [4 Mar., 1913, 
37 Stat. L., 985, c. 150, s. 8, par. 52.] 

Sec. 231. A transcribed copy of the evidence and pro¬ 
ceedings, or any specific part thereof, in any investigation 
taken by a stenographer appointed by the commission, being 
certified by such stenographer to be a true and correct tran¬ 
script of all the testimony in the investigation or of a particular 
witness, or of other specific part thereof, carefully compared by 
him with his original notes, and to be a correct statement of 
the evidence and proceedings had in such investigation so 
purporting to be taken and transcribed, shall be received in 
evidence with the same effect as if such reporter were present 
and testified to the fact so certified. A copy of such tran¬ 
script shall be furnished on demand, free of cost, to any party 
to such investigation. [4 Mar., 1913, 37 Stat. L., 985, c. 
150, s. 8, par. 53.] 

Sec. 232. No franchise nor any right to or under any 
franchise to own or operate any public utility as defined in 
this chapter or to use the tracks of any street railroad shall be 

366 




EXISTING LAW. 


SEC. 230. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 52. 

Par. 52. That whenever any complaint is served upon the com- Certified trans¬ 
mission under the provisions of this section the commission shall, before cr |c ,t proceed- 

said action is reached for trial, cause a certified transcript of all pro- in^ourt ° ° 

ceedings had and testimony taken upon such investigation to be filed 
with the clerk of the Supreme Court of the District of Columbia. 


SEC. 231. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 53. 

Par. 53. That a transcribed copy of the evidence and proceedings, Effect as evi- 
or any specific part thereof, in any investigation taken by a stenog- ^ a en ^ ,^ oi certified 
rapher appointed by the commission, being certified by such stenog- transcripts^ 1 ' 6 
rapher to be a true and correct transcript of all the testimony in the 
investigation or of a particular witness, or of other specific part 
thereof, carefully compared by him with his original notes, and to be a 
correct statement of the evidence and proceedings had in such investi¬ 
gation so purporting to be taken and transcribed, shall be received in 
evidence with the same effect as if such reporter were present and 
testified to the fact so certified. A copy of such transcript shall be Copies, 
furnished on demand, free of cost, to any party to such investigation. 


SEC. 232. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L. 
hundred and fourteen, and for other purposes. 996, c. 

par. 54. 

Par. 54. That no franchise nor any right to or under any franchise . No transfer of 
to own or operate any public utility as defined in this section or to^^ 3 . e ‘ c yai 
use the tracks of any street railroad shall be assigned, transferred, or 0 f commission. 

367 


l, 1913, 37 
, pp. 974- 
150, 8. 8, 


REPORT OF THE COMMISSION. 


Effect of trans¬ 
fers. 


Restriction o n 
acquiring stock of 
other utilities. 


Jurisdiction of 
commission. 

Supervision o f 
gas and electric 
corporations. 


1 assigned, transferred, or leased, nor shall any contract or 

2 agreement with reference to or affecting any such franchise 

3 or right be valid or of any force or effect whatsoever unless the 

4 assignment, transfer, lease, contract, or agreement shall have 

5 been approved by the commission in writing. The permission 

6 and approval of the commission to the assignment, transfer, or 

7 lease of a franchise under this section shall not be construed 

8 to revive or validate any lapsed or invalid franchise or to 

9 enlarge or add to the powers and privileges contained in the 

10 grant of any franchise or to waive any forfeiture. It shall be 

11 unlawful for any street railroad corporation, gas corporation, 

12 electric corporation, telephone corporation, telegraph corpora- 

13 tion, or other public utility corporation, directly or indirectly, 

14 to acquire the stock or bonds of any other corporation incor- 

15 porated for or engaged in the same or similar business as it 

16 is, unless authorized in writing to do so by the commission, 

17 and every contract, transfer, agreement for transfer, or 

18 assignment of any such stock or bonds without such written 

19 authority shall be void and of no effect. [4 Mar., 1913, 37 

20 Stat. L., 986, c. 150, s. 8, par. 54.] 

21 Sec. 233. The commission shall have general super- 

22 vision of all gas corporations and electrical corporations 

23 having authority under any general or- special law or under 

24 any charter or franchise to lay down, erect, or maintain 


368 


EXISTING LAW. 


leased, nor shall any contract or agreement with reference to or 
affecting any such franchise or right be valid or of any force or effect 
whatsoever unless the assignment, transfer, lease, contract, or agree¬ 
ment shall have been approved by the commission in writing. The Effect of trans- 
permission and approval of the commission to the assignment, trans- ters - 
fer, or lease of a franchise under this paragraph shall not be construed 
to revive or validate any lapsed or invalid franchise or to enlarge or 
add to the powers and privileges contained in the grant of any 
franchise or to waive any forfeiture. It shall be unlawful for any Restriction o n 
street railroad corporation, gas corporation, electric corporation, otheiMutUitie 0 s Ck 0t 
telephone corporation, telegraph corporation, or other public utility 
corporation, directly or indirectly, to acquire the stock or bonds of 
any other corporation incorporated for or engaged in the same or 
similar business as it is, unless authorized in writing to do so by the 
commission, and every contract, transfer, agreement for transfer, or 
assignment of any such stock or bonds without such written authority 
shall be void and of no effect. 


/ 


SEC. 233. 


CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 55. 


of 


Par. 55. That the commission shall, within its jurisdiction— Jurisdiction 

Have general supervision of all gas corporations and electrical cor- co “ [“ervSon o f 
porations having authority under any general or special law or under an( j electric 
any charter or franchise to lay down, erect, or maintain wires, pipes, corporations. 


68693—14-47 


3G9 



REPORT OF THE COMMISSION. 


Inves tigating, 
etc., products. 


Power to order 
improvements, etc. 


1 wires, pipes, conduits, ducts, or other fixtures in, over, or 

2 under the streets, highways, and public places in the District 

3 of Columbia for the purpose of furnishing or distributing gas 

4 or of furnishing or transmitting electricity for light, heat, or 

5 power, or maintaining underground conduits or ducts for 

6 electrical conductors, and all gas plants and electric plants 

7 owned, leased, or operated by any corporation. [4 Mar., 

8 1913, 37 Stat. L., 986, c. 150, s. 8, par. 55.] 

9 Sec. 234. The commission shall investigate and ascertain, 

10 from time to time, the quality and quantity of gas supplied by 

11 persons or corporations; examine or investigate the methods 

12 employed by such persons and corporations in manufacturing, 

13 distributing, and supplying gas or electricity for light, heat, 

14 or power, and in transmitting the same, and have power 

15 to order such reasonable improvements as will reasonably 

16 promote the public interest, preserve the public health, and 

17 protect those using such gas or electricity and those employed 

18 in the manufacture and distribution thereof or in the manufac- 

19 ture and operation of the works, wires, poles, lines, conduits, 

20 ducts, and systems connected therewith, and have power to 

21 order reasonable improvements and extensions of the works, 

22 wires, poles, lines, conduits, ducts, and other reasonable 

23 devices, apparatus, and property of gas corporations and 

24 electrical corporations. [4 Mar., 1913, 37 Stat. L., 986, 

25 c. 150, s. 8, par. 55.] 


370 


EXISTING LAW. 


conduits, ducts, or other fixtures in, over, or under the streets, high¬ 
ways, and public places in the District of Columbia for the purpose of 
furnishing or distributing gas or of furnishing or transmitting elec¬ 
tricity for light, heat, or power, or maintaining underground con¬ 
duits or ducts for electrical conductors, and all gas plants and electric 
plants owned, leased, or operated by any corporation. 


SEC. 234. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 55. 

^ V f 

Investigate and ascertain, from time to time, the quality and Investigating 
quantity of gas supplied by persons or corporations; examine or etc -’ P loclucts - 
investigate the methods employed by such persons and corporations 
in manufacturing, distributing, and supplying gas or electricity for 
light, heat, or power, and in transmitting the same, and have power. Power to order 
to order such reasonable improvements as will reasonably promote the im P roV(im onts, etc. 
public interest, preserve the public health, and protect those using 
such gas or electricity and those employed in the manufacture and 
distribution thereof or in the manufacture and operation of the works, 
wires, poles, lines, conduits, ducts, and systems connected therewith, 
and have power to order reasonable improvements and extensions of 
the works, wires, poles, lines, conduits, ducts, and other reasonable 
devices, apparatus, and property of gas corporations and electrical 
corporations. 


REPORT OF THE COMMISSION. 


To fix standards 
for products. 


Examination of 
plants, etc. 


1 Sec. 235. The commission shall have power by order 

2 to fix from time to time standards for determining the purity 

3 or the measurement of the illuminating power of gas to be 

4 manufactured, distributed, or sold by persons or corporations 

5 for lighting, heating, or power purposes, and to prescribe 

6 from time to time the efficiency of the electric supply system, 

7 of the current supplied, and of the lamps furnished by the 

8 persons or corporations generating and selling electric current, 

9 and by order to require the gas so manufactured, distributed, 

10 or sold to equal the standards so fixed by it, and to prescribe 

11 from time to time the reasonable minimum and maximum 

12 pressure at which gas shall be delivered by said persons or 

13 corporations. For the purpose of determining whether the 

14 gas manufactured, distributed, or sold by such persons or 

15 corporations for lighting, heating, or power purposes conforms 

16 to the standards of illuminating power, purity, and pressure, 

17 and for the purpose of determining whether the efficiency of 

18 the electric supply system, of the current supplied, and of the 

19 lamps furnished conforms to the orders issued by the commis- 

20 sion, the commission shall have power, of its own motion, to 

21 examine and investigate the plants and methods employed in 

22 manufacturing, delivering, and supplying gas or electricity, 

23 and shall have access, through its members or persons em- 

24 ployed and authorized by it to make such examinations and 


372 


EXISTING LAW. 


SEC. 235. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913. 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 55. 

Have power by order to fix from time to time standards for deter- , To fix standards 
mining tne purity or the measurement of the illuminating power of for P roducta - 
gas to be manufactured, distributed, or sold by persons or corporations 
for lighting, heating, or power purposes, and to prescribe from time 
to time the efficiency oi the electric supply system, of the current 
supplied, and of the lamps furnished by the persons or corporations 
generating and selling electric current, and by order to require the gas 
so manufactured, distributed, or sold to equal the standards so fixed 
by it, and to prescribe from time to time the reasonable minimum 
and maximum pressure at which gas shall be delivered by said per¬ 
sons or corporations. For the purpose of determining whether the Examination of 
o;as manufactured, distributed, or sold by such persons or corporations P lauts - etc - 
for lighting, heating, or power purposes conforms to the standards 
of illuminating power, purity, and pressure, and for the purpose of 
determining whether the efficiency of the electric supply system, of 
the current supplied, and of the lamps furnished conforms to the 
orders issued by the commission, the commission shall have power, of 
its own motion, to examine and investigate the plants and methods 
employed in manufacturing, delivering, and supplying gas or elec¬ 
tricity, and shall have access, through its members or persons em¬ 
ployed and authorized by it to make such examinations and investi¬ 
gations, to all parts of the manufacturing plants owned, used, or 
operated for the manufacture, transmission, or distribution of gas 
or electricity by any such person or corporation. Any employee or Penalty. for di¬ 
agent of the commission who divulges any fact or information which a ent*™*" 

may come to his knowledge during the course of any such inspection ° 1 ‘' 

or examination, except in so far as he may be directed by the commis¬ 
sion, or by a court or judge thereof, or authorized by law, shall be 
guilty of a misdemeanor, and on conviction thereof shall be punished 
by a fine of not less than $50 nor more than $500 for each offense. 


373 


REPORT OF THE C03I3IISSI0X. 


Penalty for di¬ 
vulging informa 
tion by agent. 


A uthority for 
new plants. 


Inspectors of gas 
meters. 

A p p o i n tment 
and duties. 


1 investigations, to all parts of the manufacturing plants owned, 

2 used, or operated for the manufacture, transmission, or dis- 

3 tribution of gas or electricity by any such person or corporation. 

4 Any employee or agent of the commission who divulges any 

5 fact or information which may come to his knowledge during 

6 the course of any such inspection or examination, except in 

7 so far as he may be directed by the commission, or by a court 

8 or judge thereof, or authorized by law, shall be punished by a 

9 fine of not less than fifty dollars nor more than five hundred 

10 dollars for each offense. [4 Mar., 1913, 37 Stat. L., 980, 

11 c. 150, s. 8, par. 55.] 

12 Sec. 236. No gas corporation or electrical corporation 

13 shall begin the construction of a gas plant or electric plant 

14 without first having obtained the permission and approval 

15 of the commission. [4 Mar., 1913, 37 Stat. L., 986, 987, 

16 c. 150, s. 8, par. 56.] 

17 Sec. 237. The commission shall appoint inspectors of 

18 gas meters, whose duty it shall be, when required by the 

19 commission, to inspect, examine, prove, and ascertain the 

20 accuracy of any and all gas meters used or intended to be 

21 used for measuring or ascertaining the quantity of gas for 

22 light, heat, or powder furnished by any person or corporation 

23 to or for the use of any person or corporation, and when 

24 found to be or made to be correct, the inspector shall seal all 

25 such meters and each of them with some suitable device, 


374 


EXISTING LAW. 




SEC. 236. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 56. 

Par. 56. That no gas corporation or electrical corporation shall Authority f o r 
begin the construction of a gas plant or electric plant without first ne " P lants - 
having obtained the permission and approval of the commission. 


SEC. 237. 

CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, 8. 8, 

par. 57. 

Par. 57. That the commission shall appoint inspectors of gas Inspectors of gas 
meters, whose duty it shall be, when required by the commission, m ^ ers ' 0 j ntment 
to inspect, examine, prove, and ascertain the accuracy of any and an d duties, 
all gas meters used or intended to be used for measuring or ascertain¬ 
ing the quantity of gas for light, heat, or power furnished by any 
person or corporation to or for the use of any person or corporation, 
and when found to be or made to be correct, the inspector shall 
seal all such meters and each of them with some suitable device, 
which device shall be recorded in the office of the commission. 

No corporation or person shall furnish, set, or put in use any Inspection re¬ 
gas meter which shall not have been inspected, proved, and sealed ^ um “ f prior to use. 
by an inspector of the commission. 


375 


REPORT OF THE COMMISSION. 


1 

Inspection re- c> 

qnirea prior to use. ^ 

3 

4 

5 

Inspectors of 0 

electric meters. 

A p p o i n tment 
and duties. y 

8 

9 

10 

11 

12 

13 

14 

15 

16 
17 

Inspection re- IQ 
quired prior to use. 

19 

20 
21 
22 


which device shall be recorded in the office of the commission. 
No corporation or person shall furnish, set, or put in use any 
gas meter which shall not have been inspected, proved, 
and sealed by an inspector of the commission. [4 Mar., 
1913, 37 Stat. L., 987, c. 150, s. 8, par. 57.] 

Sec. 238. The commission shall appoint inspectors of 
electric meters, whose duty it shall be, when required by the 
commission, to inspect, examine, and ascertain the accuracy 
of any and all electric meters used or intended to be used for 
measuring and ascertaining the quantity of electric current 
furnished for light, heat, or power by any person or corpora¬ 
tion to or for the use of any person or corporation, and to 
inspect, examine, and ascertain the accuracy of all apparatus 
for testing and proving the accuracy of electric meters; and 
when found to be or made to be correct the inspector shall 
stamp or mark all such meters and apparatus with some suit¬ 
able device, which device shall be recorded in the office of 
the commission. No corporation or person shall furnish, set, 
or put in use any electric meter the type of which shall not 
have been approved by the commission or any meter not 
approved by an inspector of the commission. [4 Mar., 1913, 
37 Stat. L., 987, c. 150, s. 8, par. 57.J 




376 


EXISTING LAW. 


SEC. 238. 

CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, e. 150, s. 8, 

par. 57. 

The commission shall appoint inspectors of electric meters, whose inspectors o f 
duty it shall be, when required by the commission, to inspect, exam- electricjneters.^^^ 
ine, and ascertain the accuracy of any and all electric meters used an( ] duties 1 mtn 
or intended to bo used for measuring and ascertaining the quantity 
of electric current furnished for light, heat, or power by any person 
or corporation to or for the use of any person or corporation, and 
to inspect, examine, and ascertain the accuracy of all apparatus 
for testing and proving the accuracy of electric meters; and when 
found to be or made to be correct the inspector shall stamp or mark 
all such meters and apparatus with some suitable device, which 
device shall be recorded in the office of the commission. No corpora- Inspection re- 
tion or person shall furnish, set, or put in use any electric meter quired P rlor t0 use - 
the type of which shall not have been approved by the commission 
or any meter not approved by an inspector of the commission. 


» 4 4 


08093—14 — 48 


REPORT OF THE COMMISSION. 


Testing facilities 
to be provided. 


Inspection of 
meters on com¬ 
plaints. 


Expenses. 


Rules and regu¬ 
lations. 


1 Sec. 239. Every gas corporation and electric corpora- 

2 tion shall provide, repair, and maintain such suitable premises 

3 and apparatus and facilities as may be required and approved 

4 by the commission for testing and proving the accuracy of gas 

5 and electric meters furnished for use by it, and by which 

6 apparatus ever) 7 meter may be tested. [4 Mar., 1913, 37 

7 Stat. L., 987, c. 150, s. 8, par. 57.] 

8 Sec. 240. If any consumer to whom a meter has been 

9 furnished shall request the commission in writing to inspect 

10 such meter, the commission shall have the same inspected 

11 and tested; if the same, on being so tested, shall be found 

12 to be more than four per centum, if an electric meter, or more 

13 than two per centum, if a gas meter, defective or incorrect to 

14 the prejudice of the consumer, the inspector shall order the 

15 electrical or gas corporation, as the case may be, forthwith to 

16 remove the same and to place instead a correct meter, and the 

17 expense of such inspection and test shall be borne by the cor- 

18 poration; and if such meter, on being so tested, shall be found 

19 to be correct, the expense of such inspection and test shall be 

20 borne by the consumer. The commission shall prescribe such 

21 rules and regulations to carry into effect the provisions of 

22 this section and of sections two hundred and thirty-seven , 

23 two hundred and thirty-eight, and two hundred 

24 and thirty-nine as it may deem necessary and shall 


378 


EXISTING LAW. 


SEC. 239. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Slat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8. 

par. 57. 

Every gas corporation and electric corporation shall provide, Testing facilities 
repair, and maintain such suitable premises and apparatus and t0 be P rovided - 
facilities as may be required and approved by the commission for 
testing and proving the accuracy of gas and electric meters fur¬ 
nished for use by it, and by which apparatus every meter may be 
tested. 


* SEC. 240. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 57. 

If any consumer to whom a meter has been furnished shall request Inspection o i 
the commission in writing to inspect such meter, the commission shall ra , e !' ei ’ s on com * 
have the same inspected and tested; if the same, on being so tested, p 111 
shall be found to be more than four per centum, if an electric meter, 
or more than two per centum, if a gas meter, defective or incorrect to 
the prejudice of the consumer, the inspector shall order the gas or 
electrical corporation forthwith to remove the same and to place 
instead a correct meter, and the expense of such inspection and Expenses, 
test shall be borne by the corporation; if the same, on being so 
tested, shall be found to be correct, the expense of such inspection 
and test shall be borne by the consumer. 

The commission shall prescribe such rules and regulations to carry Rules and regu- 
into effect the provisions of this paragraph as it may deem necessary latl0DS - 
and shall fix uniform reasonable charges for the inspection and testing 
of meters upon complaint. 


v 

1 













REPORT OF THE COMMISSION. 


Effect of exces- 
s i v e price in 
actions for collec¬ 
tion of chargee. 


Inspectors of gas 
and meters. 

Under authority 
of commission. 


Proviso. 

Salaries. 


Schedules of 
utilities to con¬ 
form to orders of 
commission. 


1 fix uniform reasonable charges for the inspection and testing 

2 of meters upon complaint. [4 Mar., 1913, 37 Stat. L., 987, 

3 c. 150, s. 8, par. 57.] 

4 Sec. 241. If it be alleged and established in an action 

5 brought in any court for the collection of any charge for gas 

6 or electricity that a price has been demanded in excess of that 

7 fixed by the commission or by statute no recovery shall be 

8 had therein, but the fact that such excessive charges have been 

9 made shall be a complete defense to such action. [4 Mar., 

10 1913, 37 Stat. L., 987, c. 150, s. 8, par. 58.] 

11 Sec. 242. The appointment and power to remove the 

12 inspector of gas and meters and assistant inspectors of gas and 

13 meters from office is hereby vested in the commission. All 

14 the powers and duties of such inspectors conferred and im- 

15 posed by statute shall be exercised and performed under the 

16 supervision and control of the commission: Provided , That 

17 the salaries of the inspector of gas and meters and every 

18 assistant inspector of gas and meters shall continue to be paid 

19 as heretofore and as now provided by Act of Congress. 

20 [4 Mar., 1913, 37 Stat. L., 988, c. 150, s. 8, par. 59.] 

21 Sec. 243. All public utilities to which an order of 

22 the commission applies shall make such changes in their 

23 schedules on file as may be necessary to make the same con- 

24 form to said order, and no change shall thereafter be made by 


380 


EXISTING LAW. 



SEC. 241. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8 , 

par. 58. 

Par. 58. That if it be alleged and established in an action brought . Effect of exces- 
in any court for the collection of any charge for gas or electricity that a aotions P f<>r Roller* 
price has been demanded in excess of that fixed by the commission or t ion Of charges, 
by statute or recovery shall be had therein, but the fact that such 
excessive charges have been made shall be a complete defense to such 
action. 


SEC. 242. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. - 996, c. 150, s. 8 , 

par. 59. 

Par. 59 . That the appointment and power to remove the inspector Inspectors of gas 
of gas and meters and assistant inspectors of gas and meters from an Under authority 
office is hereby vested in the commission. All the powers and duties of commission, 
of such inspectors conferred and imposed by statute shall be exercised 
and performed under the supervision and control of the commis¬ 
sion: Provided, That the salaries of the inspector of gas and meters Proviso. 
and every assistant inspector of gas and meters shall continue to be Vofa^Tp 952 
paid as heretofore and as now provided by Act of Congress. Ante, p. 942 ." 


SEC. 243. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974 - 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 61. 

Par. 60. That the inspector of gas and meters now provided for by Transfer of 
law shall transfer and deliver to the commission all books, maps, records, etc. 
papers, records, apparatus, and the property of whatsoever description 
in his possession, and said commission is authorized to take possession 
of all books, maps, papers, records, apparatus, and property of 
whatsoever description. 

Note.—T his paragraph now obsolete and is omitted. 


381 



REPORT OF THE C03IMISSI0N. 


Alterations of 
rates, schedules, 
etc. 


Rates, etc., 
prima facie reason¬ 
able. 


True valuation. 
Proceedings in 
equity to deter¬ 
mine elements of. 


1 any public utility in any such rates, tolls, or charges, or in 

2 any joint rate or rates, without the approval of the coinmis- 

3 sion. Certified copies of all other orders of the commission 

4 shall be delivered to the public utility affected thereby in 

5 like manner, and the same shall take effect within such reason- 

6 able time thereafter as the commission shall prescribe. [4 

7 Mar., 1913, 37 Stat. L., 988, c. 150, s. 8, par. 61.] 

8 Sec. 244. The commission may, at any time, upon 

9 notice to the public utility and after opportunity to be 

10 heard as provided in section two hundred and twenty 

11 of this chapter , rescind, alter, or amend any order fixing any 

12 rate or rates, tolls, charges, or schedules, or any other order 

13 made by the commission, and certified copies of the same 

14 shall be served and take effect as herein provided for original 

15 orders. [4 Mar., 1913, 37 Stat. L., 988, c. 150, s. 8, par. 62.] 

16 Sec. 245. All rates, tolls, charges, time and condition 

17 of payment thereof, schedules, and joint rates fixed by the 

18 commission shall be in force and shall be prima facie reason- 

19 able until finally found otherwise in an action brought for 

20 that purpose. [4 Mar., 1913, 37 Stat. L., 988, c. 150, s. 8, 

21 par. 63.] 

22 Sec. 246. If at any time the commission shall be in 

23 doubt of the elements of value to be by them considered in 

24 arriving at the true valuation under the provisions of this 


EXISTING LAW. 


SEC. 243. 

Par. 61. That all public utilities to which an order of the commis- Schedules of 
sion applies shall make such changes in their schedules on file as may ^er^of 

he necessary to make the same conform to said order, and no change commission ^ ° 
shall thereafter be made by any public utility in any such rates, tolls, 
or charges, or in any joint rate or rates, without the approval of the 
commission. Certified copies of all other orders of the commission 
shall be delivered to the public utility affected thereby in like manner, 
and the same shall take effect within such reasonable time thereafter 
as the commission shall prescribe. 


SEC. 244. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 62. 

Par. 62. That the commission may, at any time, upon notice to the Alterations of 
public utility and after opportunity to lie heard as provided in para- ^ es ’ Pchedules > 
graph forty of this section, rescind, alter, or amend any order fixing 
any rate or rates, tolls, charges, or schedules, or any other order made 
by the commission, and certified copies of the same shall be served 
and take effect as herein provided for original orders. 


SEC. 245. 

CHAP. 150. An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, 8. 8, 

par. 63. 

Par. 63. That all rates, tolls, charges, time and condition of pay- Rates, etc., 
ment thereof, schedules, and joint rates fixed by the commission shall facie rea ' 

be in force and shall be prima facie reasonable until finally found 
otherwise in an action brought for that purpose. 


✓ 


SEC. 246. 

CHAP. 150. An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, a. 8, 

par. 64. 

Par. 64. That if at any time the commission shall be in doubt of the True valuation, 
elements of value to be by them considered in arriving at the true gq^tT^^deter 11 - 
valuation under the provisions of this section, they are authorized m i ne elements of. 
and empowered to institute a proceeding in equity in the Supreme 

383 


REPORT OF THE COMMISSION. 


1 

2 

8 

4 

5 

6 
7 

Proceedings in Q 
equity against 
orders, etc., of 
commission. g 

10 

11 

12 

18 

14 

15 

16 

17 

18 

19 

20 
21 
22 
28 


24 

25 


chapter , they are authorized and empowered to institute a 
proceeding in equity in the Supreme Court of the District of 
Columbia petitioning said court to instruct them as to the 
element or elements of value to be by them considered as 
aforesaid, and the particular utility under valuation at the 
time shall be made party defendant in said action. [4 Mar., 
1918, 87 Stat., L. 988, c. 150, s. 8, par. 64.] 

Sec. 247. Any public utility and any person or cor¬ 
poration interest being dissatisfied with any order or decision 
of the commission fixing any valuation, rate or rates, tolls, 
charges, schedules, joint rate or rates, or regulation, require¬ 
ment, act, service or other thing complained of may com¬ 
mence a proceeding in equity in the Supreme Court of the 
District of Columbia against the commission, as defendants, 
to vacate, set aside, or modify any such decision or order on 
the ground that the valuation, rate or rates, tolls, charges, 
schedules, joint rate or rates, or regulation, requirement, act, 
service or other thing complained of fixed in such order is 
unlawful, inadequate, or unreasonable. The answer of the 
commission, on any such action being instituted against it, 
or the answer of any public utility on any such action being 
commenced by said commission against it, shall be filed within 
ten days, whereupon said proceedings shall be at issue and 
stand ready for trial. [4 Mar., 1918, 87 Stat. L., 988, c. 150, 
s. 8, par. 64.] 


384 


EXISTING LAW. 


Court of the District of Columbia petitioning said court to instruct 
them as to the element or elements of value to be by them considered 
as aforesaid, and the particular utility under valuation at the time 
shall be made party defendant in said action. 


SEC. 247. 

CHAP. 150. An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

f par. 64. 

That any public utility and any person or corporation interest being Proceedings in 
dissatisfied with any order or decision of the commission fixing any 1 y et( ^ gain ^ 
valuation, rate or rates, tolls, charges, schedules, joint rate or rates, commission ’ 
or regulation, requirement, act, service or other thing complained of 
may commence a proceeding in equity in the Supreme Court of the 
District of Columbia against the commission, as defendants, to vacate, 
set aside, or modify any such decision or order on the ground that the 
valuation, rate or rates, tolls, charges, schedules, joint rate or rates, 
or regulation, requirement, act, service or other thing complained of 
fixed in such order is unlawful, inadequate, or unreasonable. The 
answer of the commission, on any such action being instituted against 
it, or the answer of any public utility on any such action being com¬ 
menced by said commission against it, shall be filed within.ten days, 
whereupon said proceedings shall be at issue and stand ready for trial. 


68693—14-49 


385 


REPORT OF THE COMMISSION. 


Precedence t o 
be given. 


Appeals. 


Suspension. 


Provisos. 

Effect of appeal. 


Commission re¬ 
lieved from costs, 
etc. 


Nonliability for 
damages, etc. 


1 Sec. 248. Such proceedings shall have precedence 

2 over any civil cause of a different nature pending in such court, 

3 and the Supreme Court of the District of Columbia shall 

4 always be deemed open for the trial thereof, and the same 

5 shall be tried and determined as are equity proceedings in 

6 said court. Any party, including said commission, may 

7 appeal from the order or decree of said court to the Court of 

8 Appeals of the District of Columbia, and therefrom to the 

9 Supreme Court of the United States, which shall thereupon 

10 have and take jurisdiction in every such appeal. Pending 

11 the decision of said appeal the commission may suspend the 

12 decision or order appealed from for such a period as it may 

13 deem fair and reasonable under the circumstances: Provided , 

14 That no appeal, unless the court or the commission shall so 

15 order, shall operate to stay any order of the commission: And 

16 'provided further, That said commission shall i.ot, nor shall 

17 any of its members, officers, agents, or employees, be taxed 

18 with any costs, nor shall they or any of them be required to 

19 give any supersedeas bond or security for cost? or damages on 

20 any appeal whatsoever. Said commission, or any of its mem- 

21 bers, officers, agents, or employees shall not be liable to suit 

22 or action or for any judgment or decree for any damages, loss, 

23 or injury claimed by any public utility or person, nor required 

24 in any case to make any deposit for costs or pay for any service 

25 to the clerk or marshal of any United States court. 

26 [4 Mar., 1913, 37 Stat. L., 988, 989, c. 150, s. 8, par. 64.] 

386 




EXISTING LAW. 


SEC. 248. 


CHAP. 150. —An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 64. 


All such proceedings shall have precedence over any civil cause of a Precedence to 
different nature pending in such court, and the Supreme Court of the be given. 

District of Columbia shall always be deemed open for the trial thereof, 
and the same shall be tried and determined as are equity proceedings 
in said court. Any party, including said commission, may appeal Appeals, 
from the order or decree of said court to the Court of Appeals of the 
District of Columbia, and therefrom to the Supreme Court of the 
United States, which shall thereupon have and take jurisdiction in 
every such appeal. Pending the decision of said appeal the commis- Suspension 
sion may suspend the decision or order appealed from for such a period 
as it may deem fair and reasonable under the circumstances: Pro- Prawiww. 
vided, That no appeal, unless the court or the commission shall so Effect ot appeal, 
order, shall operate to stay any order of the commission: And pro¬ 
vided further, That said commission shall not, nor shall any of its . Commission re¬ 
members, officers, agents, or employees, he taxed with any costs, ^ ved from costs ’ 
nor shall they or any of them be required to give any supersedeas 
bond or secuiity for costs or damages on any appeal whatsoever. Said Nonliability for 
commission, or any of its members, officers, agents, or employees damages, etc - 
shall not be liable to suit or action or for any judgment or deciee for 
any damages, loss, or injury claimed by any public utility or person, 
nor required in any case to make any deposit for costs or pay for any 
service to the clerks of any court or to the marshal of the United 
States. 




387 




REPORT OF THE COMMISSION. 


Time limit for ^ 
actions against 
orders of commis¬ 
sion. 9 


3 


4 


5 


6 

7 

8 


10 

11 

12 

Issue of injunc- 19 
tions restricted. 

14 

15 

16 

17 

18 

Proceedings. {9 
In troduction of 
new evidence. 

20 

21 

22 

23 

24 


Sec. 249. Every proceeding, action, or suit to set aside, 
vacate, or amend any determination or order of the commis¬ 
sion, or to enjoin the enforcement thereof, or to prevent in 
any way such order or determination from becoming effective 
shall be commenced, and every appeal to the courts or right 
of recourse to the courts shall be taken or exercised, within 
one hundred and twenty days after the entry or rendition of 
such order or determination, and the right to commence any 
such action, proceeding, or suit, or to take or exercise any such 
appeal or right of recourse to the courts, shall terminate abso¬ 
lutely at the end of such one hundred and twenty days. [4 
Mar., 1913, 37 Stat. L., 989, c. 150, s. 8, par. 65.] 

Sec. 250. No injunction shall issue suspending or 
staying any order of the commission, except upon application 
to the Supreme Court of the District of Columbia or a judge 
thereof, and only upon notice to the commission and after 
hearing had. [4 Mar., 1913, 37 Stat. L., 989, c. 150, s. 8, 
par. 66.] 

Sec. 251. If upon trial of such proceeding or suit evi¬ 
dence shall be introduced by the plaintiff which is found by the 
court to be different from that offered upon the hearing before 
the commission or its authorized agent, or additional thereto, 
the court, before proceeding to render judgment, unless the 
parties to such action stipulate in writing to the contrary, 


EXISTING LAW. 


SEC. 249. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 65. 

Par. 65. That every proceeding, action, or suit to set aside, vacate, Time limit for 
or amend any determination or order of the commission, or to enjoin a 1i° ns against 
the enforcement thereof, or to prevent in any way such order or °* commis ' 
determination from becoming effective shall be commenced, and 
every appeal to the courts or right of recourse to the courts shall be 
taken or exercised, within one hundred and twenty days after the 
entry or rendition of such order or determination, and the right to 
commence any such action, proceeding, or suit, or to take or exer¬ 
cise any such appeal or right of recourse to the courts, shall terminate 
absolutely at the end of such one hundred and twenty days. 


SEC. 250. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 66. 

Par. 66. That no injunction shall issue suspending or staying any . Issue of injunc- 
order of the commission, except upon application to the Supreme tIons res tricted. 
Court of the District of Columbia or a judge thereof, and only upon 
notice to the commission and after hearing had. 


SEC. 251. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 67. 

Par. 67. That if upon trial of such proceeding or suit evidence shall Proceedings 
be introduced by the plaintiff which is found by the court to be differ- ^^videiioe 11 ° 
ent from that offered upon the hearing before the commission or its 
authorized agent, or additional thereto, the court, before proceeding 
to render judgment, unless the parties to such action stipulate in 
writing to the contrary, shall transmit a copy of such evidence to the Transmittal to 
commission, and shall stay further proceedings in said proceeding for commission, 
fifteen days from the date of such transmission. Upon the receipt Action thereon 
of such evidence the commission shall consider the same and may by commission, 
alter, modify, amend, or rescind its order relating to such valuation, 


1 


389 


REPORT OF THE COMMISSION. 


Transmittal to 
commission. 


Action thereon 
by commission. 


Report to court. 


Effect of action. 
If order amend¬ 
ed, etc. 


If order not 
changed. 


Burden of proof 
on party adverse to 
commission. 


1 shall transmit a copy of such evidence to the commission, and 

2 shall stay further proceedings for fifteen days from the date 

3 of such transmission. Upon the receipt of such evidence the 

4 commission shall consider the same and may alter, modify, 

5 amend, or rescind its order relating to such valuation, rate or 

6 rates, tolls, charges, schedules, joint rate or rates, time sched- 

7 ules, regulations, act, or service complained of in said action, 

8 and shall report its action thereon to said court within ten 

9 days from receipt of such evidence. [4 Mar., 1913, 37 Stat. 

10 L., 989, c. 150, s. 8, par. 67.] 

11 Sec. 252. If the commission shall rescind its order 

12 complained of the proceeding or suit shall be dismissed; if it 

13 shall alter, modify, or amend the same, such altered, modified, 

14 or amended order shall take the place of the original order 

15 complained of and judgment shall be rendered thereon as 

16 though made by the commission in the first instance. If the 

17 original order shall not be rescinded or changed by the corn- 

18 mission, judgment shall be rendered upon such original order, 

19 and costs shall be taxed as may be deemed proper under the 

20 circumstances. [4 Mar., 1913, 37 Stat. L., 989, c. 150, s. 8, 

21 par. 68.] 

22 Sec. 253. In all trials, actions, and proceedings arising 

23 under the provisions of this chapter or growing out of the 

24 exercise of the authority and powers granted herein to the 


390 


EXISTING LAW. 


rate or rates, tolls, charges, schedules, joint rate or rates, time 

schedules, regulations, act, or service complained of in said action, 

and shall report its action thereon to said court within ten days from Report to court. 

receipt of such evidence. 


SEC. 252. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 68. 

Par. 68. That if the commission shall rescind its order complained Effect of action, 
of the proceeding or suit shall be dimissed; if it shall alter, modify, ec j If e °J der amolu1 ' 
or amend the same, such altered, modified, or amended order shall 1 ' 
take the place of the original order complained of and judgment 
shall he rendered thereon as though made by the commission in the 
first instance. If the original order shall not be rescinded or changed If order not 
by the commission, judgment shall be rendered upon such original chau g° cl - 
order, and costs shall be taxed as may be deemed proper under the 
circumstances. 


SEC. 253. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 69. 

Par. G9. That in all trials, actions, and proceedings arising under Burden of proof 
the provisions of this section or growing out of the exercise of the ^S ^ vet8e t0 
authority and powers granted herein to the commission, the burden of 


391 


REPORT OF THE COMMISSION. 


No person ex¬ 
cused from testify¬ 
ing. 


Immunity 
from prosecution. 


Proviso. 


No exemption 
from perjury. 

Immunity only 
to natural persons. 


1 commission, the burden of proof shall be upon the party 

2 adverse to such commission or seeking to set aside any deter- 

3 ruination, requirement, direction, or order of said commission 

4 to show by clear and satisfactory evidence that the determi- 

5 nation, requirement, direction, or order of the commission 

6 complained of is inadequate, unreasonable, or unlawful, as the 

7 case may be. [4 Mar., 1913, 37 Stat. L., 989, c. 150, s. 8, 

8 par. 69.] 

9 Sec. 254. No person shall be excused from testifying 

10 or from producing books, accounts, and papers in any proceed- 

11 ings based upon or growing out of any violation of the pro- 

12 visions of this chapter, on the ground or for the reason that 

13 the testimony or evidence, documentary or otherwise, required 

14 of him may tend to incriminate him or subject him to penalty 

15 or forfeiture; but no person having so testified shall be prose- 

16 cuted or subjected to any penalty or forfeiture for or on account 

17 of any transaction, matter, or thing concerning which he may 

18 have testified or produced any documentaiy evidence: Pro- 

19 vided, That no person so testifying shall be exempted from 

20 prosecution or punishment for perjury: Provided further, 

21 That the immunity hereby conferred shall extend only to a 

22 natural person, who in obedience to a subpoena, gives testi- 

23 mony under oath or produces evidence, documentary or other- 

24 wise, under oath. [4 Mar., 1913, 37 Stat. L., 990, c. 150, 

25 s. 8, par. 70.] 

392 




EXISTING LAW. 


proof shall be upon the party adverse to such commission or seeking 
to set aside any determination, r equirement, direction, or order of said 
commission to show by clear and satisfactory evidence that the deter¬ 
mination, requirement, direction, or order of the commission com¬ 
plained of is inadequate, unreasonable, or unlawful, as the case 
may be. 


SEC. 254. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913,37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 70. 

Par. 70. That no person shall be excused from testifying or from No person ex- 
producing books, accounts, and papers in any proceeding based upon ? usecl from testif y- 
or growing out of any violation of the provisions of this section, on m? ' 
the ground or for the reason that the testimony or evidence, docu¬ 
mentary or otherwise, required of him may tend to incriminate him 
or subject him to penalty or forfeiture; but no person having so Immunity 
testified shall be prosecuted or subjected to any penalty or forfeiture from prosecution, 
for or on account of any transaction, matter, or thing concerning 
which he may have testified or produced any documentary evidence: 

Provided, That no person so testifying shall be exempted from prose- Proviso. 
cution or punishment for perjury: Provided further, That the immu- f ro ^° )er ^, emption 
nity hereby conferred shall extend only to a natural person who, in ^muiiity only 
obedience to a subpoena, gives testimony under oath or produces to natural persons, 
evidence, documentary or otherwise, under oath. 


68693—14-50 


393 



REPORT OF THE COMMISSION. 


Effect of copies 
of orders. 


Liens on prop¬ 
erty subject to 
control, etc., of 
commission. 


Issue of stock, 
etc. 

Authority of 
commission. 


Record of certifi¬ 
cate. 


1 Sec. 255. Upon application of any person the commis- 

2 sion shall furnish certified copies, under the seal of the com- 

3 mission, of any order made by it, which shall be prima facie 

4 evidence of the facts stated therein. [4 Mar., 1913, 37 Stat. 

5 L., 990, c. 150, s. 8, par. 71.] 

6 Sec. 256. The power to create liens on corporate prop- 

7 erty by public utilities in the District of Columbia is hereby 

8 declared to be a special privilege, the right of supervision, 

9 regulation, restriction, and control of which is hereby vested 

10 in the public utilities commission of the District of Columbia, 

11 and such power shall be exercised according to the provisions 

12 of this chapter. [4 Mar., 1913, 37 Stat. L., 990, c. 150, s. 8, 

13 par. 72.] 

14 Sec. 257. No public utility shall hereafter issue any 

15 stocks, stock certificates, bonds, mortgages, or any other evi- 

16 dences of indebtedness payable in more than one year from 

17 date, until it shall have first obtained the certificate of the 

18 commission showing authority for such issue from the com- 

19 mission, nor shall any public utility issue any stocks, cer- 

20 tificates of stock, bonds, or other evidences of indebtedness 

21 for money, property, or services, either directly or indirectly, 

22 or receive any money, property, or services in payment of the 

23 same, either directly or indirectly, until there shall have 

24 been recorded upon the books of such public utility the cer- 


394 


EXISTING LAW. 


SEC. 255. 


CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 71. 


Par. 71. That upon application of any person tlio commission shall Effect of copies 
furnish certified copies, under the seal of the commission, of any order ot orclers - 
made by it, which shall be prima facie evidence of the facts stated 
therein. 


SEC. 256. 


CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 72. 


Par. 72. That the power to create liens on corporate property by Liens on prop- 
public utilities in the District of Columbia is hereby declared to be a control 8111 ^ 1 of 
special privilege, the right of supervision, regulation, restriction, and commission 
control of which is hereby vested in the public utilities commission 
of the District of Columbia, and such power shall be exercised accord¬ 
ing to the provisions of this section. 


SEC. 257. 


CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 73, 74, 75. 


Par. 73. That no public utility shall hereafter issue any stocks, 
stock certificates, bonds, mortgages, or any other evidences of in¬ 
debtedness payable hi more than one year from date, until it shall 
have first obtained the certificate of the commission showing author¬ 
ity for such issue from the commission. 

Par. 74. That no public utility shall issue any stocks, certificates 
of stock, bonds, or other evidences of indebtedness for money, prop¬ 
erty, or services, either directly or indirectly, nor shall it receive any 
money, property, or services in payment of the same, either directly 
or indirectly, until there shall have been recorded upon the books of 
such public utility the certificate of the commission in this section 
provided for. 

Par. 75. That no public utility shall declare any stock, bond, or 
scrip dividend or divide the proceeds of the sale of any stock, bond, 
or scrip among its stockholders. 


Issue of stock, 
etc. 

Authority of 
commission. 


Record of certifi 
cate. 


Stock dividends, 
etc., forbidden. 



REPORT OF THE COMMISSION. 


1 

2 

Stock dividends, 3 

etc., forbidden. 

4 

5 

Reorganizations, 0 
etc. 

Restriction on 
issue of stock, etc., 'J 
for purposes of con¬ 
solidations. 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 
19 

Application of 20 
proceeds of stock. 

21 


22 


23 


Issues contrary 24 
to provisions void. 


tificate of the commission in this chapter provided for, nor 
shall any public utility declare any stock, bond, or scrip 
dividend or divide the proceeds of the sale of any stock, bond, 
or scrip among its stockholders. [4 Mar., 1913, 37 Stat. L., 
990, c. 150, s. 8, pars. 73, 74, 75.] 

Sec. 258. No public utility shall issue any stocks, cer¬ 
tificates of stock, bonds, or other evidences of indebtedness 
secured on its property in the District of Columbia for the 
purpose of any reorganization or consolidation in excess of 
the total amount of the stocks, certificates of stock, bonds, 
or other evidences of indebtedness then outstanding against 
the public utilities so reorganizing or consolidating, and no 
such public utility shall purchase the property of any other 
public utility for the purpose of effecting a consolidation 
until the commission shall have determined and set forth in 
writing that said consolidation will be in the public interest, 
and shall have approved in writing the terms upon which 
said consolidation shall be made. [4 Mar., 1913, 37 Stat. 
L., 990, c. 150, s. 8, par. 76.] 

Sec. 259. No public utility shall apply the proceeds of 
any such stock, certificates of stock, bonds, or other evidences 
of indebtedness to any other purpose or issue the same on any 
less favorable terms than that specified in the certificate 
issued by the commission. All stocks, certificates of stock, 


^96 


EXISTING LAW. 


SEC. 258. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 76. 

Par. 7G. That no public utility shall, issue any stocks, certificates Reorganizations, 
of stock, bonds, or other evidences of indebtedness secured on its et ^ ectriotion on 
property in the District of Columbia for the purpose of any reorgan- • l8Sue " of stock etc . 
ization or consolidation in excess of the total amount of the stocks, for purposes of eon- 
certificates of stock, bonds, or other evidences of indebtedness then solidations. 
outstanding against the public utilities so reorganizing or consoli¬ 
dating, and no such public utility shall purchase the property of any 
other public utility for the purpose of effecting a consolidation until 
the commission shall have determined and set forth in writing that 
said consolidation will be in the public interest, nor until the com¬ 
mission shall have approved in writing the terms upon which said 
consolidation shall be made. 


SEC. 259. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

pars. 77, 78. 

Par. 77. That no public utility shall apply the proceeds of any Application of 
such stock, certificates of stock, bonds, or other evidences of indebted- P roceeds of stock, 
ness to any other purpose or issue the same on any less favorable 
terms than that specified in the certificate issued by "the commission. 

Par. 78. That all stocks, certificates of stock, bonds, and other Issues contrary 
evidences of indebtedness issued contrary to the provisions of this t0 P rovl81ons V0ld - 
section shall be void. 


REPORT OF THE COMMISSION. 


Penalty for ille¬ 
gally issuing stock, 
etc. 


Making false 
statements to se¬ 
cure issue of stock, 
etc., a felony. 


1 bonds, and other evidences of indebtedness issued contrary to 

2 the provisions of this chapter shall be void. [4 Mar., 1913, 

3 37 Stat. L., 990, c. 150, s. 8, pars. 77, 78.] 

4 Sec. 260. Any public utility, or any agent, director, or 

5 officer thereof, who shall, directly or indirectly, issue or 

6 cause to be issued any stocks, certificates of stock, bonds, or 

7 evidences of indebtedness contrary to the provisions of this 

8 chapter , of who shall apply the proceeds from the sale thereof 

9 to any purposes other than that specified in the certificate 

10 of the commission, shall forfeit and pay into the Treasury of 

11 the United States, one-half to the credit of the District of 

12 Columbia, not less than one thousand dollars nor more 

13 than ten thousand dollars for each offense. [4 Mar., 1913, 

14 37 Stat. L., 991, c. 150, s. 8, par. 79.] 

15 Sec. 261. Each and every director, president, secre- 

16 tary, or other official of any such public utility who shall make 

17 any false statement to secure the issue of any stock, certificate 

18 of stock, bond, mortgage, or other evidence of indebtedness, 

19 or who shall, by false statement knowingly made, procure of 

20 the commission the making of the certificate herein provided, 

21 or issue, with knowledge of such fraud, negotiate, or cause 

22 to be negotiated, any such stock, certificate of stock, bond, 

23 mortgage, or other evidence of indebtedness in viola- 

24 tion of this chapter , shall be punished by a fine 




398 


EXISTING LAW. 


\ 


SEC. 260. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 79. 

Par. 79. That any public utility, or any agent, director, or officer Penalty for ille- 
thercof, who shall, directly or indirectly, issue or cause to be issued gaily issuing stock, 
any stocks, certificates of stock, bonds, or other evidences of indebted- e c ' 
ness contrary to the provisions of this section, or who shall apply 
the proceeds from the sale thereof to any purposes other than that 
specified in the certificate of the commission, shall forfeit and pay 
into the Treasury of the United States, one-half to the credit of the 
District of Columbia, not less than SI,000 nor more than S10,000 
for each offense. 


A 


SEC. 261. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 80. 

Par. 80. That each and every director, president, secretary, or Making false 
other official of anv such public utility who shall make anv false state- state “ ents to se - 
ment to secure the issue oi any stock, certificate ot stock, bond, etc ; a felony, 
mortgage, or other evidence of indebtedness, or who shall, by false 
statement knowingly made, procure of the commission the making 
of the certificate herein provided, or issue, w T ith knowledge of such 
fraud, negotiate, or cause to be negotiated, any such stock, certificate 
of stock, bond, mortgage, or other evidence of indebtedness in vio¬ 
lation of this section, shall be guilty of a felony, and, upon convic¬ 
tion thereof, shall be punished by a fine of not less than $1,000, or Punishment, 
by imprisonment for a term of not less than one year, or by both 
such fine and imprisonment, in the discretion of the court. 


399 


REPORT OF THE COMMISSION. 


Punishment. 


Discriminat ion 
in charges, etc., 
prohibited. 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 


13 


14 


15 


16 

17 

18 

19 

20 
21 
22 


23 


of not less than one thousand dollars, or by imprison¬ 
ment for a term of not less than one year, or by 
both such fine and imprisonment, in the discretion of the court. 
[4 Mar., 1913, 37 Stat. L., 991, c. 150, s. 8, par. 80.] 

Sec. 262. If any public utility or any agent or officer 
thereof shall, directly or indirectly, by any device whatsoever, 
or otherwise, charge, demand, collect, or receive from any 
person, film, or corporation a greater or less compensation for 
any service rendered or to be rendered by it in or affecting 
or relating to the conduct of a street railroad or street railroad 
corporation, common carrier, gas plant, gas corporation, 
electric plant, electric corporation, water power company, 
telephone line, telephone corporation, telegraph line, or 
telegraph corporation, or pipe line company, or to the pro¬ 
duction, transmission, delivery, or furnishing of heat, light, 
water, or power, or the conveyance of telephone or telegraph 
messages, or for any service in connection therewith than 
that prescribed in the public schedules or tariffs then in 
force or established as provided herein, or than it charges, 
demands, collects, or receives from any other persou, firm, or 
corporation other than one conducting a like business 
for a like and contemporaneous service, such public 
utility shall be deemed guilty of unjust discrimination, 

400 




EXISTING LAW. 


SEC. 262. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern¬ 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen 
hundred and fourteen, and for other purposes. 

# 

Par. 81. That if any public utility or any agent or officer thereof 
shall, directly or indirectly, by any device whatsoever, or otherwise, 
charge, demand, collect, or receive from any person, firm, or corpora¬ 
tion a greater or less compensation for any service rendered or to be 
rendered by it in or affecting or relating to the conduct of a street 
railroad or street railroad corporation, common carrier, gas plant, 
gas corporation, electric plant, electric corporation, water power 
company, telephone line, telephone corporation, telegraph line, or 
telegraph corporation, or pipe line company, or to the production, 
transmission, delivery, or furnishing of heat, light, water, or power, 
or the conveyance of telephone or telegraph messages, or for any 
service in connection therewith than that prescribed in the public 
schedules or tariffs then in force or established as provided herein, 
or than it charges, demands, collects, or receives from any other per¬ 
son, firm, or corporation other than one conducting a like business 
for a like and contemporaneous service, such public utility shall be 
deemed guilty of unjust discrimination, which is hereby prohibited 
and declared to be a misdemeanor and unlawful, and upon convic¬ 
tion thereof shall forfeit and pay to the District of Columbia not less 
than $100 nor more than $1,000 for each offense; and such agent or 
officer so offending shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of not less than 
$50 nor more than $100 for each offense. 


Mar. 4, 1913, 37 
Stat. L., pp. 974- 
996, c. 150, s. 8, 
par. 81. 

Discrimination 
in charges, etc., 
prohibited. 


Penalty. 


Punishment of 
agent offending. 


08003—14-51 


401 


REPORT OF TIIE COMMISSION. 


Penalty. 


Punishment of 
agent offending. 


Deductions for 
facilities furnished 
unlawful. 


Proviso. 

Renting in¬ 
cidental facilities 
allowed. 


Appliances o n 
consumers’ prem¬ 
ises. 


1 shall forfeit and pay to the District of Columbia not less 

2 than one hundred dollars nor more than one thousand dollars 

3 for each offense; and such agent or officer so offending shall 

4 he punished by a fine of not less than fifty dollars nor more 

5 than one hundred dollars for each offense. [4 Mar., 1913, 37 

6 Stat. L., 991, c. 150, s. 8, par. 81.] 

7 SEC. 263. It shall be unlawful for any public utility to 

8 demand, charge, collect, or receive from any person, firm, or 

9 corporation less compensation for any service rendered or to 

10 be rendered by said public utility in consideration of the fur- 

11 nishing by said person, firm, or corporation of any part of the 

12 facilities incident thereto: Provided, That nothing herein 

13 shall be construed as prohibiting any public utility frcm 

14 renting any facilities incident to the production, trans- 

15 mission, delivery or furnishing of heat, light, water, or 

16 power, or the supply of any liquid, steam, or air, through 

17 pipes or tubing, or the conveyance of telegraph or telephone 

18 messages, and paying a reasonable rental therefor; or as 

19 requiring any public utility to furnish any part of such appli- 

20 ances which are situated in and upon the premises of any 

21 consumer or user, except telephone station equipment upon the 

22 subscriber’s premises, and, unless otherwise ordered by the 

23 commission, meters, and appliances for measurements of any 

24 product or service. [4 Mar., 1913, 37 Stat. L., 991, c. 150, 
s. 8, par. 82.] 


ZOf 


25 


EXISTING LAW. 




SEC. 263. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 82. 

Par. 82. That it shall be unlawful for any public utility to demand, . Deductions for 
charge, collect, or receive from any person, firm, or corporation less furmslie<i 

compensation for any service rendered or to be rendered by said 
public utility in consideration of the furnishing by said person, firm, 
or corporation of any part of the facilities incident thereto: Provided, Proviso. 

That nothing herein shall be construed as prohibiting any public •? e i n , tl ? g -, * 1 - n * 
utility from renting any facilities incident to the production, trails- a n owe d. 
mission, delivery or furnishing of heat, fight, water, or power, or the 
supply of any liquid, steam, or air, through pipes or tubing, or the 
conveyance of telegraph or telephone messages, and paying a reason¬ 
able rental therefor; or as requiring any public utility to furnish any • Appliances o n 
part of such appliances which are situated in and upon the premises 9 < ^ sumers P rem * 
of any consumer or user, except telephone station equipment upon 
the subscriber’s premises, and, unless otherwise ordered by the com¬ 
mission, meters and appliances for measurements of any product or 
service. 


REPORT OF THE COMMISSION. 


Rebates, e 
unlawful. 


Penalty. 


Penalty for 
fusal to furnish 
formation, etc. 


;c -' 1 Sec. 264. It shall be unlawful for any person, firm, or 

2 corporation to solicit, accept, or receive any rebate, concession, 

3 or discrimination in respect to any service in or affecting or 

4 relating to any public utility or the production, transmission, 

5 delivery, or furnishing of heat, light, water, or power, or any 

6 liquid, steam, or air, or the conveying of telegraph or tele- 

7 phone messages within the District of Columbia, or for any 

8 service in connection therewith whereby any such service 

9 shall, by any device whatsoever or otherwise, be rendered 

10 free or at a less rate than that named in the schedules and tariffs 

11 in force as provided in this chapter , or whereby any service or 

12 advantage is received other than is in this chapter specified. 

13 Any person, firm, or corporation violating the provisions of 

14 this section shall be punished by a fine of not less than two 

15 hundred dollars nor more than one thousand dollars for each 

16 offense. [4 Mar., 1913, 37 Stat. L., 991, 992, c. 150, s. 8, 

17 par. 83.] 

[*; 18 Sec. 265. Any officer, agent, or employee of any public 

19 utility who shall fail or refuse to fill out and return any 

20 blanks, as required by this chapter , or shall fail or refuse to 

21 answer any question therein propounded, or shall knowingly 

22 or willfully give a false answer to any such question, or shall 

23 evade the answer to any such question where the fact inquired 

24 of is within his knowledge, or who shall, upon proper demand, 


404 


EXISTING LAW. 


SEC. 264. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 83. 

Par. 83. That it shall be unlawful for any person, firm, or corpora- Rebates, etc., 
tion to solicit, accept, or receive any rebate, concession, or discrimina- unlawful - 
tion in respect to any service in or affecting or relating to any public 
utility or the production, transmission, delivery, or furnishing of 
heat, light, water, or power, or any liquid, steam, or air, or the con¬ 
veying of telegraph or telephone messages within the District of 
Columbia, or for any service in connection therewith wheieby any 
such service shall, by any device whatsoever or otherwise, he rendered 
free or at a less rate than that named in the schedules and tariffs in 
force as provided in this section, or wiiereby any service or advantage 
is received other than is in this section specified. Any person, firm, Penalty, 
or corporation violating the provisions of this paragraph shall he 
deemed guilty of a misdemeanor, and on conviction thereof shall be 
punished by a fine of not less than $200 nor more than $1,000 for 
each offense. 


SEC. 265. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 84. 

Par. 84. That any officer, agent, or employee of any public utility . Penalty for re- 
who shall fail or refuse to fill out and return any blanks, as required Nation etc 
by this section, or shall fail or refuse to answer any question therein 
propounded, or shall knowingly or willfully give a false answer to any 
such question, or shall evade the answer to any such question wdiere 
the fact inquired of is within his knowledge, or who shall, upon 
proper demand, fail or refuse to exhibit to the commission or any 
commissioner, or any person authorized to examine the same, any 
book, paper, account, record, or memoranda of such public utility 
which is in his possession or under his control, or who shall fail to 
properly use and keep his system of accounting, or any part thereof, 
as prescribed by the commission under this section, or who shall 
refuse to do any act or thing in connection with such system of 


405 


REPORT OF THE COMMISSION. 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

Penalties o n 11 
utility and person 
offending. ^ 


13 


14 

15 

16 

17 

18 

Penalty for vio- i q 
lating provisions of L e 
chapter. 

20 

21 

22 


23 


24 


fail or refuse to exhibit to the commission or any commis¬ 
sioner, or any person authorized to examine the same, any 
book, paper, account, record, or memoranda of such public 
utility which is in his possession or under his control, or who 
shall fail to properly use and keep his system of accounting, or 
any part thereof, as prescribed by the commission under this 
chapter, or who shall refuse to do any act or thing in connec¬ 
tion with such system of accounting when so directed by the 
commission or its authorized representative shall be 
punished by a fine of not less than two hundred dollars nor 
more than one thousand dollars for each offense, and a penalty 
of not less than five hundred dollars nor more than 
two thousand dollars shall be imposed on the public 
utility for each such offense when such officer, agent, or 
employee acted in obedience to the direction, construction, 
or request of such public utility or any general officer thereof. 
[4 Mar., 1913, 37 Stat. L., 992, c. 150, s. 8, par. 84.] 

Sec. 266. If any public utility shall violate any pro¬ 
vision of this chapter , or shall do any act herein prohibited, 
or shall fail or refuse to perform any duty enjoined upon it 
for which a penalty has not been provided, or shall fail, 
neglect, or refuse to obey any lawful requirement or order 
made by the commission, or any judgment or decree made by 
any court upon its application, for every such violation 

400 




EXISTING LAW. 


accounting when so directed by the commission or its authorized 
representative shall be deemed guilty of a misdemeanor, and upon Penalties o n 
conviction thereof shall he punished by a fine of not less than $200 u £ iUt J. and P erson 
nor more than $1,000 for each offense, and a penalty of not less than otfendlu S- 
$500 nor more than $2,000 shall, on conviction, be imposed on the 
public utility for each such offense when such officer, agent, or 
employee acted in obedience to the direction, construction, or request 
of such public utility or any general officer thereof. 


SEC. 266. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 85. 

Par. 85. That if any public utility shall violate any provision of Penalty for vio- 
this section, or shall do any act herein prohibited, or shall fail °r ^ing provisions of 
refuse to perform any duty enjoined upon it for which a penalty has Ac ' 
not been provided, or shall fail, neglect, or refuse to obey any lawful 
requirement or order made by the commission, or any judgment or 
decree made by any court upon its application, for every such vio¬ 
lation, failure, or refusal such public utility shall forfeit and pay to 
the District of Columbia the sum of $200 for each such offense. In , Responsibility 
construing and enforcing the provisions of this paragraph, the act, for acts of officers - 
omission, or failure of any officer, agent, or other person acting for or 
employed by any public utility acting within the scope of his em¬ 
ployment and instructions shall in every case be deemed to be the 
act, omission, or failure of such public utility. 

407 


1 

2 

Responsibility for 3 
acts of officers. 

4 

5 

6 

7 

8 

9 

Penalty for in- 1A 
juries, etc., to ap- 
paratus of commis¬ 
sion. 

12 

13 

14 

15 

16 

Every day of i n 
failure to comply 1 ' 
with orders a sepa¬ 
rate offense. 1Q 

lo 

19 

20 

21 

22 


REPORT OF THE COMMISSION. 

failure, or refusal such public utility shall forfeit and pay to 
the District of Columbia the sum of two hundred dollars for 
each such offense. In construing and enforcing the provisions 
of this section , the act, omission, or failure of any officer, agent, 
or other person acting for or employed by any public utility 
acting within the scope of his employment and instructions 
shall in every case be deemed to be the act, omission, or 
failure of such public utility. [4 Mar., 1913, 37 Stat. L., 
992, c. 150, s. 8, par. 85.] 

Sec. 267. Any person who shall destroy, injure, or 
interfere with any apparatus or appliance owned or operated 
by or in charge of the commission or its agent shall be 
punished by fine not exceeding one hundred dollars or 
imprisonment for a period not exceeding thirty days, or 
both. [4 Mar., 1913, 37 Stat. L., 992, c. 150, s. 8, par. 86.] 

Sec. 268. Every day during which any public utility, 
or any officer, agent, or employee thereof, shall fail know¬ 
ingly or willfully to observe and comply with any order or 
direction of the commission, or to perform duty enjoined by 
this chapter, shall constitute a separate and distinct violation 
of such order, or direction, or of this section, as the case may 
be. [4 Mar., 1913, 37 Stat. L., 992, c. 150, s. 8, par. 87.] 


408 




EXISTING LAW. 



SEC. 267. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 86. 

Par. 86. That any person who shall destroy, injure, or interfere . Penalty for in- 
with any apparatus or appliance owned or operated by or in charge l uries > et ^ > t0 a P' 
oi the commission or its agent shall be deemed guilty ot a misde- gj on 
meanor, and upon conviction shall be punished by fine not exceeding 
$100 or imprisonment for a period not exceeding thirty days, or both. 


SEC. 268. „ 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 87. 

Par. 87. That every day during which any public utility, or any , Every day of 
officer, agent, or employee thereof, shall fail knowingly or willfully 
to observe and comply with any order or direction of the commis- rate 0 ff ense . 
sion, or to perform any duty enjoined by this section, shall constitute 
a separate and distinct violation of such order, or direction, or of this 
section, as the case may be. 



68693—14-52 


409 


Authority o f 
commission to reg¬ 
ulate charges, etc. 


Report of acci¬ 
dents. 


Investigation by 
commission. 


Inquiry into vio¬ 
lation of laws, etc., 
by utilities. 


REPORT OF THE COMMISSION. 

1 Sec. 269. Whenever, after hearing and investigation 

2 as provided in this chapter, the commission shall find that any 

3 rate, toll, charge, regulation, or practice of any public utility 

4 within the District of Columbia is unreasonable or dis- 

5 criminatory, it shall have the power to regulate, fix, and 

6 determine the same as provided in this chapter. [4 Mar., 

7 1913, 37 Stat. L., 992, c. 150, s. 8, par. 88.] 

8 Sec. 270. Every public utility shall, whenever an 

9 accident attended with loss of human life or personal injury 

10 without loss of human life occurs within the District of 

11 Columbia, upon its premises, or directly or indirectly arising 

12 from or connected with its maintenance or operation, give 

13 immediate notice thereof to the commission. In the event 

14 of any such accident, the commission, if it deem the public 

15 interest requires it, shall cause an investigation to be made 

16 forthwith. [4 Mar., 1913, 37 Stat. L., 993, c. 150, s. 8, 

17 par. 89.] 

18 Sec. 271. The commission shall inquire into any 

19 neglect or violation of the laws or regulations in force in the 

20 District of Columbia by any public utility doing business 

21 therein, or by the officers, agents, or employees thereof, or 

22 by any person operating the plant of any public utility, and 

23 shall have the power, and it shall be its duty, to enforce the 

24 provisions of this chapter as well as all other laws relating to 

25 public utilities. [4 Mar., 1913, 37 Stat. L., 993, c. 150, s. 8, 

26 par. 90.] 


410 


EXISTING LAW. 


SEC. 269. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, ' 

par. 88. 

Par. 88. That whenever, after hearing and investigation as pro- Authority o f 
vided in this section, the commission shall find that any rate, toll, commission t0 l e ‘ 
charge, regulation, or practice of any public utility within the District gu a eciai 8 efa > e c - 
of Columbia is unreasonable or discriminatory, it shall have the power 
to regulate, fix, and determine the same as provided in this section. 


SEC. 270. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 89. 

Par. 89. That every public utility shall, whenever an accident Report of acci- 
attended with loss of human life or personal injury without loss of <lents - 
human life occurs within the District of Columbia, upon its premises, 
or directly or indirectly arising from or connected with its mainte¬ 
nance or operation, give immediate notice thereof to the commission. 

In the event of any such accident, the commission, if it deem the pub- Investigation by 
lie interest requires it, shall cause an investigation to be made forth- comnusslon - 
vdth. 


SEC. 271. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 90. 

Par. 90. That the commission shall inquire into any neglect or Inquiry into vio- 
violation of the laws or regulations in force in the District of Coium- S utiUtie^ 8 ’ 6t ° ’ 
bia by any public utility doing business therein, or by the officers, y 
agents, or" employees thereof, or by any person operating the plant 
of any public utility, and shall have the power, and it shall be its 
duty, to enforce the provisions of this section as well as all other 
laws relating to public utilities. 


411 


REPORT OF THE COMMISSION. 


Corporation 1 
counsel to be gen¬ 
eral counsel. 

2 

3 

4 

Additional com- c 
pensation. 

6 

Duties. 7 

8 

9 

10 


11 

12 

13 


14 


15 


16 


17 

18 

19 

20 
21 

Duties of assist- 22 
ants. 

23 

24 


Sec. 272. The corporation counsel of the District of Co¬ 
lumbia shall be the general counsel of the commission and shall 
receive from and be paid out of the appropriations provided and 
to be provided for the expenses of the commission in addition to 
his compensation otherwise provided by law the sum of one 
thousand dollars per annum, payable in equal monthly install¬ 
ments. It shall be the duty of the general counsel to repre¬ 
sent and appear for the commission in all actions and proceed¬ 
ings involving any question under this chapter, or under or 
in reference to any act, order, or proceeding of the commission, 
and if directed to do so by the commission, to intervene, if 
possible, in any action or proceeding in which any such 
question is involved: to commence and prosecute all actions 
and proceedings directed or authorized by the commission, 
and to expedite, in every way possible, final and just deter¬ 
mination of all such actions and proceedings; to advise the 
commission and each commissioner, when so requested, in 
regard to all matters in connection with the powers and duties 
of the commission and of the members thereof, and generally 
to perform all duties and services as attorney and counsel to 
the commission which the commission may reasonably require 
of him. The assistants to the corporation counsel shall per¬ 
form such duties relating to matters arising under this chapter 
and all other matters as the corporation counsel may prescribe. 


412 


EXISTING LAW. 


SEC. 272. - 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 91. 

Par. 91. That the corporation counsel of the District of Columbia Corporation 
shall be the general counsel of the commission and shall receive from era/co 1 j 56 gen " 
and be paid out of the appropriations provided and to be provided era counse • 
for the expenses of the commission in addition to his compensation Additional coin¬ 
otherwise provided by law the sum of $1,000 per annum, payable in P e,lsation - 
equal monthly installments. It shall be the duty of the general Duties, 
counsel to represent and appear for the commission in all actions and 
proceedings involving any question under this section, or under or 
m reference to any act, order, or proceeding of the commission, and 
if directed to do so by the commission, to intervene, if possible, in 
any action or proceeding in which any such question is involved; 
to commence and prosecute all actions and proceedings directed or 
authorized by the commission, and to expedite, in every way possible, 
final and just determination of all such actions and proceedings; to 
advise the commission and each commissioner, when so requested, 
in regard to all matters in connection with the powers and duties of 
the commission and of the members thereof, and generally to per¬ 
form all duties and services as attorney and counsel to the commis¬ 
sion which the commission may reasonably require of him. The Duties of assist- 
assistants to the corporation counsel shall perform such duties relat- ants - 
ing to matters arising under this section and all other matters as the 
corporation counsel may prescribe. The commission may, if at any Employment of 
time it deems necessary, employ other attorneys at law as additional a ^ itlonal assist- 
assistants to the said general counsel for the performance of such ex- an 8 ' 
traordinary legal services for or in behalf of the commission at such 
special compensation for such additional assistants as the commission 
may prescribe, which said compensation shall be paid out of the appro¬ 
priations herein provided and hereafter to be provided for the ex¬ 
penses of the commission. The said corporation counsel and any Appearance i n 
of his assistants designated by him or by the commission shall have court - 
the right to appear and prosecute any civil, quasi criminal, or criminal 
case to recover any penalty, forfeiture, fine, or for the imposition 
of any punishment provided for in this section whether instituted 
by or on behalf of the United States of America or by or on behalf 
of the District of Columbia or otherwise, and on every appeal pro¬ 
vided by law. The commission may enforce its orders in any case by Enforcement of 
mandamus or other legal or equitable remedy in any court of com- orders - 
petent jurisdiction, and it shall be the duty of Che corporation coun¬ 
sel or his assistants to represent the commission in every such pro¬ 
ceeding. 


413 


REPORT OF THE COMMISSION. 


Employment of 
additional assist¬ 
ants. 


Appearance in 
court. 


Enforcement of 
orders. 


Provisions to be 
construed liber¬ 
ally. 


1 The commission may, if at any time it deems necessary, employ 

2 other attorneys at law as additional assistants to the said 

3 general counsel for the performance of such extraordinary 

4 legal services for or in behalf of the commission at such special 

5 compensation for such additional assistants as the commission 

6 may prescribe, which said compensation shall be paid out of 

7 the appropriations herein provided and hereafter to be pro- 

8 vided for the expenses of the commission. The said corpora- 

9 tion counsel and any of his assistants designated by him or by 

10 the commission shall have the right to appear and prosecute 

11 any civil, quasi criminal, or criminal case to recover any 

12 penalty, forfeiture, fine, or for the imposition of any punish- 

13 ment provided for in this chapter whether instituted by or on 

14 behalf of the United States of America or by or on behalf 

15 of the District of Columbia or otherwise, and on every appeal 

16 provided by law. The commission may enforce its orders 

17 in any case by mandamus or other legal or equitable remedy 

18 in any court of competent jurisdiction, and it shall be the 

19 duty of the corporation counsel or his assistants to represent 

20 the commission in every such proceeding. [4 Mar., 1913, 

21 37 Stat. L., 993, c. 150, s. 8, par. 91.] 

22 Sec. 273. The provisions of this chapter shall be in- 

23 terpreted and construed liberally in order to accomplish the 

24 purposes thereof, and where any specific power or authority 


414 



EXISTING LAW. 


SEC. 273. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 92. 

Par. 92. That the provisions of this section shall be interpreted Provisions to be 
and construed liberally in order to accomplish the purposes thereof, construed bber- 
and where any specific power or authority is given the commission by a y ‘ 


415 


REPORT OF THE COMMISSION. 


Additional pow¬ 
ers. 


Substantial com¬ 
pliance sufficient. 


Each section de¬ 
clared independ¬ 
ent. 


No release of 
rights, etc., under 
other laws. 


1 is given the commission by the provisions of this chapter the 

2 enumeration thereof shall not be held to exclude or impair 

3 any power or authority otherwise in this chapter conferred on 

4 said commission. The commission herein created shall have, 

5 in addition to the powders in this chapter specified, men- 

6 tioned, and indicated all additional, implied, and incidental 

7 power which may be proper and necessary to effect and carry 

8 out, perform, and execute all the said powers herein specified, 

9 mentioned, and indicated. A substantial compliance with 

10 the requirements of this chapter shall be sufficient to give 

11 effect to all the rules, orders, acts, and regulations of the com- 

12 mission, and they shall not be declared inoperative, illegal, 

13 or void for any omission of a technical nature in respect 

14 thereto. Each section of this chapter is hereby declared to 

15 be an independent section, and the holding of any section 

16 to be void, ineffective, or unconstitutional for any cause 

17 shall not he deemed to affect any other section of this 

18 chapter . [4 Mar., 1913, 37 Stat. L., 994, c. 150, s. 8, 

19 par. 92.] 

20 Sec. 274. This chapter shall not have the effect to 

21 release or waive any right of action by the United States, or 

22 by the District of Columbia, or by any person, for any right, 

23 penalty, or forfeiture which may have arisen or which may 

24 hereafter arise under any law of the United States or any 


416 


EXISTING LAW. 


tlv provisions of this section the enumeration thereof shall not be 
held to exclude or impair any power or authority otherwise in this sec¬ 
tion conferred on said commission. The commission hereby created Additional pow- 
snall have, in addition to the powers in this section specified, men- ers * 
turned, end indicated all additional, implied, and incidental power 
w hich may be proper and necessary to effect and carry out, perform, 
and execute all the said powers herein specified, mentioned, and indi¬ 
cated. A substantial compliance with the requirements of this section Substantial com- 
shall be suflicient to give effect to all the rules, orders, acts, and reg- P liance sufficient, 
ulations of the commission, and they shall not be declared inoperative, 
illegal, or void for any omission of a technical nature in respect thereto. 

That each paragraph of this sect ion, and every part of each paragraph, Each paragraph 
are hereby declared to be independent paragraphs, and the holding of declared 1 n d e - 
any paragraph or paragraphs or part or parts thereof to be void, inef- pendent ‘ 
fective, or unconstitutional for any cause shall not be deemed to affect 
any other paragraph or part thereof. 





SEC. 274. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 93. 

Par. 93. That this section shall not have the effect to release or No release of 
waive any right of action by the United States, or by the District of ^ lt8 ’ ^ ’ under 
Columbia, or by any person, for any right, penalty, or forfeiture which 0 lei a ' v *' 
may have arisen or which may hereafter arise under any law of the 
United States or any regulation in force in the District of Columbia; 
and all penalties and forfeitures accruing under this section shall be Penalties, etc., 
cumulative, and a suit for any recovery of one shall not be a bar to cumulatlve - 
the recovery of any other penalty. 


68693—14-53 


417 


REPORT OF THE COMMISSION. 


Penalties, etc., 
cumulative. 


Present rates not 
to be increased 


Schedules to be 
filed. 


Applications for 
changes. 


Hearings on ap¬ 
plications. 


Action. 


1 regulation in force in the District of Columbia. All penal- 

2 ties and forfeitures accruing under this chapter shall be 

3 cumulative, and a suit for any recovery of one shall not be a 

4 bar to the recovery of any other penalty. [4 Mar., 1913, 37 

5 Stat. L., 994, c. 150, s. 8, par. 93.] 

6 Sec. 275. Unless the commission shall otherwise order, 

7 it shall be unlawful for any public utility within the District 

8 of Columbia to demand, collect, or receive a greater com- 

9 pensation for any service than the charge fixed on the lowest 

10 schedules of rates for the same service under the law 

11 in force March fourth , nineteen hundred and thirteen. 

12 Any public utility desiring to advance or discontinue 

13 any such rate or rates may make application to the 

14 commission in writing, stating the advance in or discon- 

15 tinuance of the rate or rates desired, giving the reasons for 

16 such advance or discontinuance. Upon receiving such appli- 

17 cation the commission shall fix a time and place for hearing, 

18 and give such notice to interested parties as shall be proper 

19 and reasonable. If, after such hearing and investigation, the 

20 commission shall find that the change or discontinuance 

21 applied for is reasonable, fair, and just, it shall grant the 


418 


EXISTING LAW. 


SEC. 275. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern¬ 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen 
hundred and fourteen, and for other purposes. 

Par. 94. That, first, unless the commission shall otherwise order, it 
shall be unlawful for any public utility within the District of Columbia 
to demand, collect, or receive a greater compensation for any service 
than the charge fixed on the lowest schedules of rates for the same 
service under the law in force at the date of the passage of this section; 
second, every public utility in the District of Columbia shall, within 
thirty days after the passage and publication of this section, file in the 
office of the commission copies of all schedules of rates and charges, 
including joint rates, in force at the date of the passage of this section; 
third, any public utility desiring to advance or discontinue any such 
rate or rates may make application to the commission in writing, 
stating the advance in or discontinuance of the rate or rates desired, 
giving the reasons for such advance or discontinuance; fourth, upon 
receiving such application the commission shall fix a time and place for 
hearing, and give such notice to interested parties as shall be proper 
and reasonable; if, after such hearing and investigation, the commis¬ 
sion shall find that the change or discontinuance applied for is reason¬ 
able, fair, and just, it shall grant the application, either in whole or in 
part; fifth, any public utility being dissatisfied with any order of the 
commission made under the provisions of this paragraph may com¬ 
mence a proceeding against it in the Supreme Court of the District of 
Columbia in the manner as is in this section hereinbefore provided, 
which action shall be tried and determined in the same manner as is in 
this section hereinbefore provided. * 


Mar. 4, 1913, 37 
Stat. L., pp. 974- 
996, c. 150, s. 8, 
par. 94. 

Present rates not 
to be increased. 


Schedules to be 
filed in thirty days. 


Applications for 
changes. 

Hearings on ap¬ 
plications. 


Action. 

Proceedings in 
court. 


REPORT OF THE COMMISSION. 


Proceedings in 
court. 


Office force au¬ 
thorized. 


Incidental ex 
penses, etc. 


Disbursements. 


1 application, either in whole or in part. Any public utility 

2 being dissatisfied with any order of the commissi on made under 

3 the provisions of this section may commence a proceeding 

4 against said commission in the Supreme Court of the District of 

5 Columbia in the manner as is in this chapter hereinbefore pro- 

6 vided, which action shall be tried and determined in the same 

7 manner as is in this chapter hereinbefore provided. [4 Mar., 

8 1913, 37 Stat. L., 994, c. 150, s. 8, par. 94.] 

9 Sec. 276. The commission shall have the power in each 

10 and every instance to employ and to prescribe the duties of 

11 such officers, clerks, stenographers, typewriters, inspectors, 

12 experts, and employees as it may deem necessary to carry 

13 out the provisions of this chapter , and to fix and pay their 

14 compensation within the appropriations provided by Con- 

15 gress. The commission is hereby authorized, within the 

16 appropriation made by Congress, to incur and pay incidental 

17 expenses for postage, printing, blanks, books, law' books, books 

18 of reference, and periodicals, stationery, binding, rebinding, 

19 repairing and preservation of records, desks, office furniture 

20 and supplies, traveling expenses of the commission, the com- 

21 missioners, and every officer, agent, and employee thereof, 

22 and all other general expenses reasonably necessary to be 

23 incurred in carrying out the purposes of this chapter. All 

24 payments and disbursements, as provided in this chapter, 


420 


EXISTING LAW, 


SEC. 276. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

• par. 95. 

Par. 95. The commission shall have the power in each and every Office force au- 
instance to employ and to prescribe the duties of such officers, clerks, th or.zed. 
stenographers, typewriters, inspectors, experts, and employees as it 
may deem necessary to carry out the provisions of this section, and 
to nx and pay their compensation within the appropriations provided 
by Congress. The commission is hereby authorized, within the appro- Incidental ex- 
priation made by Congress, to incur and pay incidental expenses for P enses > etc - 
postage, printing, blanks, books, law books, books of reference, and 
periodicals, stationery, binding, rebinding, repairing and preservation 
of records, desks, office furniture and supplies, traveling expenses of 
the commission, the commissioners, and every officer, agent, and 
employee thereof, and all other general expenses reasonably necessary 
to be incurred in carrying out the purposes of this section. All pay- Disbursements, 
ments and disbursements, as provided in this section, shall be made 
by the disbursing officer of the District of Columbia upon proper Designation of 
vouchers, certified as required by the commission; and the commis- pi® tr i ct employees 
sion is hereby also granted power and authority to designate and 
appoint during its pleasure such officers, clerks, inspectors, and 
employees of tlie District of Columbia and members of the Metropol¬ 
itan police force of the District of Columbia to perform any of the 
duties which the commission may from time to time, respectively, Other assistance, 
assign to them, and to employ any assistance and fix compensation 
therefor within the limits of the appropriations for its use herein or 
hereafter made by Act of Congress. 


421 


REPORT OF THE COMMISSION. 


Designation of 
District employees 
to perform duties. 


Other assistance. 


Powers over 
street railways 
transferred from 
Interstate Com¬ 
merce Commission 


1 shall be made by the disbursing officer of the District of 

2 Columbia upon proper vouchers, certified as required by the 

3 commission; and the commission is hereby also granted power 

4 and authority to designate and appoint during its pleasure 

5 such officers, clerks, inspectors, and employees of the Dis- 

6 trict of Columbia and members of the Metropolitan police 

7 force of the District of Columbia to perform any of the duties 

8 which the commission may from time to time, respectively, 

9 assign to them, and to employ any assistance and fix com- 

10 pensation therefor within the limits of the appropriations 

11 for its use hereafter made by x4ct of Congress. [4 Mar., 

12 1913, 37 Stat. L., 994, 995, c. 150, s. 8, par. 95.] 

13 Sec. 277. The said commission shall hereafter exer- 

14 cise all the powers and have all the authority now vested by 

15 law in the Interstate Commerce Commission by virtue of and 

16 under the Act of Congress approved May twenty-third, nine- 

17 teen hundred and eight, entitled “ An Act authorizing certain 

18 extensions to be made of the lines of the Anacostia and 

19 Potomac River Railroad Company, the Washington Railway 

20 and Electric Company, the City and Suburban Railway of 

21 Washington, and the Capital Traction Company, in the Dis- 

22 trict of Columbia, and for other purposes/’ and said power 

23 and authority shall no longer be exercised by said Interstate 


423 


EXISTING LAW. 


SEC. 277. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 96. 

Par. 96. That the said commission shall hereafter exercise all the Powers over 
powers and have all the authority now vested by law in the Interstate ? 4 r f e t / a f llways 
Commerce Commission by virtue and under the Act ol Congress j nterstate com- 
approved May twenty-third, nineteen hundred and eight, entitled merce Commission. 
“ An Act authorizing certain extensions to be made of the lines of the Vol. 35, p. 250. 
Anacostia and Potomac River Railroad Company, the Washington 
Railway and Electric Company, the City and Suburban Railway of 
Washington, and the Capital Traction Company, in the District of 
Columbia, and for other purposes,” and said power and authority 
shall no longer be exercised by said Interstate Commerce Commission: 

Provided, That the orders, rules, and regulations made by the Inter- Proviso. 

state Commerce Commission shall continue to be in force until ®*^’ e con ‘ 

changed, repealed, altered, or amended by the commission created 

by this, section, which said commission is hereby given power and 

jurisdiction to issue and, at its pleasure, to revoke all permits, or 

licenses,To carry this section into effect, and its rules and regulations 

shall be valid and binding on all public-service corporations and on 

all persons. 


423 


REPORT OF THE COMMISSION. 


Proviso. 

Orders, etc., con¬ 
tinued in force. 


1 

2 


3 


4 

5 

6 

7 

8 
9 

10 


Power to order \ I 
repairs, improve¬ 
ments, etc., by- 
public utilities. -j g 

13 

14 

15 

16 

17 

18 

19 

20 

21 


22 


23 


24 


Commerce Commission: Provided, That the orders, rules, 
and regulations made by the Interstate Commerce Commis¬ 
sion shall continue to be in force until changed, repealed, 
altered, or amended by the commission created by this chapter, 
which said commission is given power and jurisdiction to 
issue and, at its pleasure, to revoke all permits, or licenses, 
to carry the provisions of this chapter into effect, and its rules 
and regulations shall be valid and binding on all public- 
service corporations and on all persons. [4 Mar., 1913, 37 
Stat. L., 995, c. 150, s. 8, par. 96.] 

Sec. 278. Whenever the commission shall be of opin¬ 
ion, after hearing had upon its own motion or upon complaint, 
that repairs, improvements, or changes in any street railroad, 
gas plant, electric plant, telephone line, telegraph line, pipe 
line, water-power plant, or the facilities of any common 
carrier ought reasonably to be made, or that any addi¬ 
tion of service or equipment ought reasonably to be made 
thereto, or that the vehicles or cars of any street railroad or 
common carrier are unclean, insanitary, uncomfortable, incon¬ 
venient, or improperly equipped, operated, or maintained, or 
are in need of paint, or unsightly in appearance, or that any 
addition ought reasonably to be made thereto, in order to 
promote the comfort or convenience of the public or employees, 
or in order to secure adequate service or facilities, the com- 


424 


EXISTING LAW. 




y 


SEC. 278. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

^ * par. 96. 

Whenever the commission shall be of opinion, after hearing had Power to order 
upon its own motion or upon complaint, that repairs, improvements, j“ pro ' h e " 

or changes in any street railroad, gas plant, electric plant, telephone p^iic utilities. y 
hue, telegraph line, pipe line, water-power plant, or the facilities of 
any common carrier ought teasonably to be made, or that any addi¬ 
tion of service or equipment ought reasonably to be made thereto, or 
that the vehicles or cars of any street railroad or common carrier are 
unclean, insanitary, uncomfortable, inconvenient, or improperly 
equipped, operated, or maintained, or are in need of paint, or un¬ 
sightly in appearance, or that any addition ought reasonably to be 
made thereto, in order to promote the comfort or convenience of the 
public or employees, or in order to secure adequate service or facili¬ 
ties, the commission shall have power to make and serve an order 
directing that such repairs, improvements, changes, or additions to 
service or equipment be made within a l easonable time and in a man¬ 
ner to be specified therein, and every such public utility is hereby 
required and directed to obey every such order of the commission. 


68693—14-54 


425 



REPORT OF THE COMMISSION. 


Powers of com¬ 
mission vested in 
Commissioners of 
the District. 


Authority per¬ 
manent in present 
commissioners and 
successors. 


O r g a n i z ation- 
etc. 


1 mission shall have power to make and serve an order directing 

2 that such repairs, improvements, changes, or additions to 

3 service or equipment be made within a reasonable time and 

4 in a manner to be specified therein, and every such public 

5 utility is hereby required and directed to obey eveiy such order 

6 of the commission. [4 Mar., 1913, 37 Stat. L., 995, c. 150, 

7 s. 8, par. 96.] 

8 Sec. 279. All the powers created by this chapter and 

9 the duty of carrying this chapter into effect and enforcing the 

10 provisions thereof are hereby vested in and imposed on the 

11 Commissioners of the District of Columbia as a governmental 

12 and administrative agency, and said powers shall be exercised 

13 and said duties performed as additional and superadded 

14 powers to their powers and duties as Commissioners of the 

15 District of Columbia. The powers, authority, and duties 

16 hereby imposed on and granted said commissioners shall be 

17 permanent and are hereby imposed on and granted to the 

18 present Commissioners of the District of Columbia and their 

19 successors in office. On the first Monday in January in each 

20 odd-numbered year the commissioners shall meet and elect 

21 a chairman, who shall serve for two years and until his suc- 

22 cessor is elected. A majority of said commissioners shall 

23 constitute a quorum to do business, and any vacancy shall not 

24 impair the right of the remaining commissioners to exercise 


426 


EXISTING LAW. 


SEC. 279. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 97. 

Par. 97. That all the powers created by this section and the duty of Powers of com- 
carrying this section into effect and enforcing the provisions the: eof ^mnSssi^neuf of 
are hereby vested in and imposed on the Commissioners of the District District 
of Columbia as a governmental and administrative agency, and said 
poweis shall be exercised and said duties peiformed as additional and 
superadded poweis to their powers and duties as Commissioners of the 
District of Columbia. The powers, authority, and duties hereby Authority per- 
imposed on and granted said commissioners shall be permanent and manei ff J n present 
are hereby imposed on and granted to the present Commissioners ot succesS ors. 
the District of Columbia and their successors in office. The com- Organization, 
mission created by this section shall, so soon as convenient after its etc. 
passage, organize by electing one of its number chairman, who shall 
serve until the first Monday in January, nineteen hundred and four¬ 
teen. On the first Monday in January in each odd-numbered year 
the commissioners shall meet and elect a chairman, who shall serve 
for two years and until his successor is elected. A majority of said 
commissioners shall constitute a quorum to do business, and any 
vacancy shall not impair the right of the remaining commissioners to 
exercise all the powers of the commission. Any investigation, inquiry, Investigations, 
or hearing within the powers of the commission may be made or held etc - 
by any commissioner, whose acts and orders, when approved by the 
commission, shall be deemed to be the order of the commission. The Rules, etc. 
commission shall have power to adopt and publish rules to govern its 
proceedings and to regulate the mode and manner of all investigations 
and hearings pertaining to public utilities. 


427 


REPORT OF THE COMMISSION. 


I n v e stigation8, 
etc. 


Rules, etc. 


Interest of com¬ 
missioner in public 
utility, stock, etc., 
forbidden. 


Oath. 


1 all the powers of the commission. Any investigation, in- 

2 quiry, or hearing within the powers of the commission may be 

3 made or held by any commissioner, whose acts and orders, 

4 when approved by the commission, shall be deemed to be the 

5 order of the commission. The commission shall have power 

6 to adopt and publish rules to govern its proceedings. and to 

7 regulate the mode and manner of all investigations and 

8 hearings pertaining to public utilities. [4 Mar., 1913, 37 

9 Stat. L., 996, c. 150, s. 8, par. 97.] 

10 Sec. 280. No commissioner shall be directly or indi¬ 
ll rectly interested in any public utility or in any stock, bond, 

12 mortgage, security, or contract of any such public utility; 

13 and if any such commissioner shall voluntarily become so 

14 interested his office shall ipso facto become vacant; and if 

15 any such commissioner shall become so interested otherwise 

16 than voluntarily he shall, within a reasonable time, divest 

17 himself of such interest, and if he fails so to do his office shall 

18 become vacant. Before entering upon the duties of his 

19 office each commissioner, the secretary of the commission, 

20 the counsel of the commission, and every employee of said 

21 commission shall take and subscribe the constitutional oath 

22 of office, and shall in addition thereto make oath or affirma- 

23 tion before and file with the clerk of the Supreme Court of 

24 the District of Columbia that he is not pecuniarily inter- 


428 


EXISTING LAW. 


SEC. 280. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 97. 

No commissioner shall be directly or indirectly interested in any Interest of com- 
public utility or in any stock, bond, mortgage, security, or contract of ^^^stoc^'etc 0 
any such public utility ; and if any such commissioner shall voluntarily forbickkn° C ’ 6 ° ’ 
become so interested his office shall ipso facto become vacant; and if 
any such commissioner shall become so interested otherwise than 
voluntarily he shall, within a reasonable time, divest himself of such 
interest, and if he fails so to do his office shall become vacant. Before Oath, 
entering upon the duties of his office each commissioner, the secretary 
of the commission, the counsel of the commission, and every employee 
of said commission shall take and subscribe the constitutional oath of 
office, and shall in addition thereto make oath or affirmation before 
and file with the clerk of the Supreme Court of the District of Columbia 
that he is not pecuniarily interested, voluntarily or involuntarily, in 
any public utility in the District of Columbia or elsewhere. 


v ■ 


429 


REPORT OF THE COMMISSION. 


Expenses, half 
from District reve¬ 
nues. 


Authority, etc., 
of the Commission¬ 
ers of the District 
continued in full 
force. 

M u n i c ipality 
continued. 

Lawful ordi- 
nances and regula¬ 
tions continued. 


1 ested, voluntarily or involuntarily, in any public utility in 

2 the District of Columbia or elsewhere. [4 Mar., 1913, 37 

3 Stat. L., 996, c. 150, s. 8, par. 97.] 

4 Sec. 281. One-half of the amount necessary to be 
[5 appropriated to carry out the provisions of this chapter shall 

6 be paid out of the revenues of the District of Columbia and 

7 one-half out of any moneys in the Treasury not otherwise 

8 appropriated, and all moneys received from fines, forfeitures, 

9 and penalties shall be paid into the Treasury of the United 

10 States, one-half to the credit of the District of Columbia. 

11 [4 Mar., 1913, 37 Stat. L., 996, c. 150, s. 8, par. 98.] 

12 Sec. 282. All the duties, powers, and authority of the 

13 Commissioners of the District of Columbia shall continue and 

14 remain in full force and effect notwithstanding* this chapter ; 

15 and all powers, authority, and duties of the municipality 

16 known as the District of Columbia and all rights vested in 

17 said municipality shall continue and remain in full force and 

18 effect notwithstanding this chapter. All the lawful ordi- 

19 nances and regulations made by the Commissioners of the 

20 District of Columbia as such, and all other lawful municipal 

21 ordinances and regulations, shall continue and remain in 

22 full force and effect, and may be altered, changed, or amended, 

23 and new ordinances and regulations may be made by the 

24 Commissioners of the District of Columbia, acting as such, 


430 


EXISTING LAW. 


SEC. 281. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 98. 

Par. 98. That the sum of $40,000, or so much thereof as may be Appropriation 
necessary, is hereby appropriated to carry out the provisions of this ? or half 

section, one-half out of the revenues of the District of Columbia and 1& ric reve ’ 
one-half out of any moneys in the Treasury not otherwise appropriated, 
and all moneys received from fines, forfeitures, and penalties shall be 
paid into the Treasury of the United States, one-half to the credit of 
the District of Columbia. 


SEC. 282. 


CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern¬ 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen 
hundred and fourteen, and for other purposes. 

Par. 99. That all the duties, powers, and authority of the Com¬ 
missioners of the District of Columbia shall continue and remain in 
full force and effect notwithstanding this section; and all powers, 
authority, and duties of the municipality known as the District of 
Columbia and all rights vested in said municipality shall continue and 
remain in full force and effect notwithstanding this section. All the 
lawful ordinances and regulations made by the Commissioners of the 
District of Columbia as such, and all other lawful municipal ordinances 
and regulations, shall continue and remain in full force and effect, and 
may be altered, changed, or amended, and new ordinances and regu¬ 
lations maybe made b} T the Commissioners of the District of Columbia, 
acting as shell, hereafter, notwithstanding this section: Provided, That 
when any order of the commission created by this section shall be made 
which shall be inconsistent and repugnant to any municipal ordinance 
or regulation, or any ordinance or regulation made or to be made by 
the Commissioners of the District of Columbia, acting as such, then 
and in such event the order of the commission created by this section 
shall be given full force and effect, notwithstanding such municipal 
ordinance or regulation. 


Mar. 4, 1913, 37 
Stat. L., pp. 974- 
996, c. 150, s. 8, 
par. 99. 

Authority, etc., 
of the Commission¬ 
ers of the District 
continued in full 
force. 

Municipality 

continued. 

Lawful ordi¬ 
nances and regula¬ 
tions continued. 


Proviso. 

Orders of com¬ 
mission superior to 
municipal regula¬ 
tions, etc. 


431 



REPORT OF THE COMMISSION. 


Proviso. 

Orders of com¬ 
mission superior to 
municipal regula¬ 
tions, etc. 


Boards of direc¬ 
tors of utilities lim¬ 
ited. 


Charters, laws, 
etc., continued. 


Proviso. 

Inconsistent pro¬ 
visions repealed. 


1 hereafter, notwithstanding this chapter: Provided , That 

2 when any order of the commission created by this chapter 

3 shall be made which shall be inconsistent and repugnant to 

4 any municipal ordinance or regulation, or any ordinance or 

5 regulation made or to be made by the Commissioners of the 

6 District of Columbia, acting as such, then and in such event 

7 the order of the commission created by this chapter shall be 

8 given full force and effect, notwithstanding such municipal 

9 ordinance or regulation. [4 Mar., 1913, 37 Stat. L., 996, 

10 c. 150, s. 8, par. 99.] 

11 Sec. 283. The board of directors of every public utility 

12 shall consist of not more than fifteen nor less than seven 

13 members, within which limitation the membership may be in 

14 any case increased or diminished, as the stockholders may 

15 from time to time determine. [4 Mar., 1913, 37 Stat. L., 

16 996, c. 150, s. 8, par. 100.] 

17 Sec. 284. Except as modified or changed by this 

18 chapter and until modified or changed under its provisions, 

19 all charters, statutes, laws, ordinances, and regulations now 

20 in force shall remain and continue to be in full force and 

21 effect until altered, amended, or repealed according to law: 

22 Provided , That all charters, statutes, Acts, and parts of Acts, 

23 laws, ordinances, and regulations inconsistent and repug- 

24 nant to the provisions of this chapter , and only so far as 


432 


KX1ST I N(« LAW. 






SEC. 283. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 100. 

Par. 100. That the board of directors of every public utility shall Boards of direc- 
consist of not more than fifteen nor less than seven members, within tora of utilities lim- 
which limitation the membership may be in any case increased or lte 
diminished, as the stockholders may from time to time determine. 


SEC. 284. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 101. 

Par. 101. That, except as modified or changed by this section and Charters, laws, 
until modified or changed under its provisions, all charters, statutes, etC- ’ coutlnued * 
laws, ordinances, and regulations now in force shall remain and con¬ 
tinue to be in full force and effect until altered, amended, or repealed 
according to law: Provided, That all charters, statutes, Acts, and Proviso. 
parts of Acts, laws, ordinances, and regulations inconsistent and 
repugnant to the provisions of this section, and only so tar as incon¬ 
sistent and repugnant thereto, are hereby repealed. 


i 


68693—14-55 


433 


REPORT OF THE COMMISSION. 


1 inconsistent and repugnant thereto, are hereby repealed. 

2 [4 Mar., 1913, 37 Stat. L., 996, c. 150, s. 8 . par. 101 .] 
Pending :actions 3 Sec. 285. This section shall not affect pending actions 

)t affected. x 0 

4 or proceedings, civil or criminal, or quasi criminal, but the 

5 same may be prosecuted or defended as heretofore provided 

6 by law or regulation. [4 Mar., 1913, 37 Stat. L., 996, 

7 c. 150, s. 8 , par. 102.] 


134 


EXISTING LAW. 


SEC. 285. 

CHAP. 150.—An Act Making appropriations to provide for the expenses of the govern- Mar. 4, 1913, 37 
ment of the District of Columbia for the fiscal year ending June thirtieth, nineteen Stat. L., pp. 974- 
hundred and fourteen, and for other purposes. 996, c. 150, s. 8, 

par. 102. 

Par. 102. That this section shall not affect pending actions or pro- Pending actions 
ceedings, civil or criminal, or quasi criminal, but the same may be not affected * 
prosecuted or defended as heretofore provided by law or regulation. 








V 






















